May 21, 2009

No. 25

 

 

STATE OF NEW HAMPSHIRE

WEB SITE ADDRESS:

www.gencourt.state.nh.us

 

 

 

 

 

161st Session of the New Hampshire General Court

 

Legislative

 

SENATE CALENDAR

REPORTS, AMENDMENTS, HEARINGS,

MEETINGS AND NOTICES

 

 

 

 

 

 

 

THE SENATE WILL MEET IN SESSION ON WEDNESDAY, MAY 27, 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 New Hampshire's electrical transmission system, and establishing the northern New Hampshire electrical transmission system improvement fund.  3/11/09, pending motion ITL, Energy, Environment and Economic Development, SJ 7, pg. 104

 

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 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. 5/20/09, pending motion OTP, Transportation & Interstate Cooperation, SJ 16, pg. TBA

 

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. 5/20/09, pending motion ITL, Health & Human Services, SJ 16, pg. TBA

 

HB 383, relative to passenger restraints. 4/29/09, pending motion OTP, Transportation & Interstate Cooperation, SJ 13, pg. 261

 

HB 395, (New Title) requiring electric utilities to offer renewable energy source options. 5/13/09, pending motion Committee Amendment (1558s), Energy, Environment and Economic Development, SJ 15, pg. TBA

 

HB 468, relative to caps on total billings by the state to the counties for nursing home care. 5/20/09, pending motion Committee Amendment (1661s), Finance, SJ 16, pg. TBA

 

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 574-FN-L, authorizing liens for unpaid building code violations and requiring landlord agents for restricted rental property. 5/13/09, pending motion OTP, Judiciary, SJ 15, pg. TBA

 

HB 613, establishing a committee to study the advantages and disadvantages of state acquisition of the remaining rail corridors. 5/20/09, pending motion ITL, Transportation & Interstate Cooperation, SJ 16, pg. TBA

REPORTS

COMMERCE, LABOR AND CONSUMER PROTECTION

HB 103, (New Title) relative to paying discharged and laid off employees.

Inexpedient to Legislate, Vote 6-0.

Senator Cilley for the committee.

HB 161, repealing protection of uncopyrighted compositions in state law.

Inexpedient to Legislate, Vote 6-0.

Senator Reynolds for the committee.

HB 411, relative to the safety of retirement accounts.

Inexpedient to Legislate, Vote 4-2.

Senator DeVries for the committee.

HCR 10, (New Title) urging modification of the North American Free Trade Agreement.

Inexpedient to Legislate, Vote 5-1.

Senator Reynolds for the committee.

 

EDUCATION

HB 143, relative to procedures for requesting a change of school for a child.

Re-refer to Committee, Vote 5-1.

Senator Kelly for the committee.

HB 154, relative to truancy.

Re-refer to Committee, Vote 5-0.

Senator Merrill for the committee.

HB 169, relative to the counting of charter school pupils in the definition of average daily membership in residence.

Ought to Pass, Vote 6-0.

Senator Bragdon for the committee.

HB 317, relative to conditional approval of nonpublic schools, residency requirements for grants under the New Hampshire incentive program, and scholarships for orphans of veterans.

Ought to Pass with Amendment, Vote 5-0.

Senator Bragdon for the committee.

HB 332, establishing a commission to study school discipline.

Ought to Pass with Amendment, Vote 5-1.

Senator Kelly for the committee.

HB 509, requiring parental consent for psychological evaluations by school districts.

Re-refer to Committee, Vote 4-1.

Senator Kelly for the committee.

HB 688, relative to the chartered public school approval process and relative to open enrollment schools.

Ought to Pass with Amendment, Vote 6-0.

Senator Bragdon for the committee.

 

ELECTION LAW AND VETERANS' AFFAIRS

HB 265, relative to proving qualifications to vote.

Ought to Pass with Amendment, Vote 5-0.

Senator Carson for the committee.

HB 292, (New Title) relative to financial disclosures, lobbyist registrations and statements, prohibited gifts, and executive branch volunteers.

Ought to Pass with Amendment, Vote 5-0.

Senator Merrill for the committee.

HB 513, relative to the prohibition on voting in more than one state.

Ought to Pass with Amendment, Vote 5-0.

Senator Lasky for the committee.

HB 614, relative to domicile of students for voting purposes.

Ought to Pass with Amendment, Vote 3-2.

Senator Houde for the committee.

 

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT

HB 130, relative to enforceability of publicly-owned land restrictions.

Ought to Pass, Vote 6-0.

Senator Cilley for the committee.

HB 350, prohibiting the sale and distribution of household cleaning products containing phosphorus.

Ought to Pass, Vote 5-0.

Senator Merrill for the committee.

HB 443, relative to underground storage facility operator training.

Ought to Pass with Amendment, Vote 5-0.

Senator Odell for the committee.

 

EXECUTIVE DEPARTMENTS AND ADMINISTRATION

HB 36, relative to the purchase of information technology by state agencies.

Ought to Pass, Vote 3-0.

Senator Carson for the committee.

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.

Ought to Pass with Amendment, Vote 5-0.

Senator DeVries for the committee.

HB 149, relative to benefit eligibility of certain members of the city of Manchester employees' contributory retirement system.

Ought to Pass, Vote 3-0.

Senator Carson for the committee.

HB 167, (New Title) relative to the guidelines for revaluations used by the assessing standards board, and the adoption of rules for disciplinary standards for assessing officials.

Ought to Pass, Vote 3-0.

Senator Downing for the committee.

HB 252, relative to state agency rulemaking concerning expiring administrative rules.

Ought to Pass, Vote 5-0.

Senator Carson for the committee.

HB 255, relative to the filing of statements of financial interest.

Ought to Pass, Vote 5-0.

Senator Carson for the committee.

 

HEALTH AND HUMAN SERVICES

HB 113, (New Title) extending the moratorium on nursing home beds and rehabilitation beds.

Ought to Pass with Amendment, Vote 4-0.

Senator Downing for the committee.

HB 226-FN, relative to the lead paint poisoning law.

Ought to Pass with Amendment, Vote 3-1.

Senator Sgambati for the committee.

HB 251, relative to the state registry of founded reports of abuse, neglect, or exploitation of adults.

Ought to Pass, Vote 4-0.

Senator Gilmour for the committee.

HB 542, relative to a health information exchange.

Ought to Pass, Vote 3-0.

Senator Sgambati for the committee.

HB 619, relative to medical records and patient information.

Ought to Pass, Vote 4-0.

Senator Sgambati for the committee.

HCR 2, (New Title) endorsing the National Health Care Act.

Inexpedient to Legislate, Vote 4-0.

Senator Gilmour for the committee.

HJR 2, urging Congress to modify Medicare payments to enhance the compensation of primary care providers.

Inexpedient to Legislate, Vote 3-0.

Senator Gilmour for the committee.

 

JUDICIARY

HB 70, relative to taking stones from stone walls.

Ought to Pass, Vote 5-0.

Senator Roberge for the committee.

HB 171, establishing a commission to evaluate mental health courts and establish standards for the operation of mental health courts.

Ought to Pass with Amendment, Vote 5-0.

Senator Reynolds for the committee.

HB 173, relative to the basis for awarding custody to a stepparent or grandparent.

Inexpedient to Legislate, Vote 5-0.

Senator Houde for the committee.

HB 204, relative to discovery in driving while intoxicated cases.

Inexpedient to Legislate, Vote 5-0.

Senator Lasky for the committee.

HB 206, relative to retention of governmental records under the right-to-know law.

Ought to Pass, Vote 5-0.

Senator Roberge for the committee.

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.

Ought to Pass with Amendment, Vote 5-0.

Senator Lasky for the committee.

HB 260, relative to quieting title in certain trust circumstances.

Ought to Pass, Vote 5-0.

Senator Reynolds for the committee.

HB 270, relative to sale of human remains.

Ought to Pass, Vote 5-0.

Senator Roberge for the committee.

HB 342, establishing a commission to study the juvenile court diversion law.

Ought to Pass with Amendment, Vote 5-0.

Senator Letourneau for the committee.

HB 363, eliminating requirements for additional breath tests for blood alcohol content.

Inexpedient to Legislate, Vote 5-0.

Senator Letourneau for the committee.

 

PUBLIC AND MUNICIPAL AFFAIRS

HB 43, relative to subdivision and site plan regulation waivers.

Ought to Pass, Vote 5-0.

Senator DeVries for the committee.

HB 253, relative to the Gunstock area commission.

Ought to Pass with Amendment, Vote 5-0.

Senator Sgambati for the committee.

 

TRANSPORTATION AND INTERSTATE COOPERATION

HB 76, establishing a permanent commission to study recommendations of the National Transportation Safety Board.

Ought to Pass with Amendment, Vote 3-2.

Senator Kelly for the committee.

HB 215, making technical corrections to certain OHRV and snowmobile laws.

Ought to Pass, Vote 4-0.

Senator Kelly for the committee.

HB 450, relative to the state 10-year transportation improvement program.

Ought to Pass, Vote 5-0.

Senator Letourneau for the committee.

AMENDMENTS

Transportation and Interstate Cooperation

May 21, 2009

2009-1773s

06/09

 

 

 

Amendment to HB 76

 

 

Amend the title of the bill by replacing it with the following:

 

AN ACT     establishing a permanent commission to study recommendations of the National Transportation Safety Board and relative to the New Hampshire rail transit authority.

 

Amend RSA 21-P:15-b, II(b) as inserted by section 1 of the bill by replacing it with the following:

 

                  (b)  One member of the senate, appointed by the president of the senate.

 

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 12:

 

      ­2  Authority Established; Administrative Attachment.  Amend RSA 238-A:2 to read as follows:

      238-A:2  Authority Established.  There is hereby established the New Hampshire rail transit authority [which shall be a body both corporate and politic in the state established] for the general purpose of developing and providing commuter rail or other similar forms of passenger rail service.  [It is declared that the purposes of this chapter are public and that the authority shall be regarded as performing an essential governmental function in carrying out this chapter.] The authority shall be an administratively attached agency, pursuant to RSA 21-G:10, to the department of transportation.

      ­3  Duties of the Rail Transit Authority.  The rail transit authority and the department of transportation shall, no later than 120 days after the effective date of this act, allocate their respective responsibilities in a memorandum of understanding.

      ­4  Powers of Rail Transit Authority.  Amend the introductory paragraph of RSA 238-A:3 to read as follows:

      238-A:3  Duties.  The authority and the department of transportation shall allocate their respective responsibilities for passenger rail service in a memorandum of understanding.  The authority shall take all actions that are reasonably necessary to establish regularly scheduled commuter rail or other similar forms of passenger rail service between points within the state of New Hampshire and points within and adjacent to the state of New Hampshire.  These actions may include, but are not limited to:

      ­5  Powers of Rail Transit Authority.  Amend RSA 238-A:8, I to read as follows:

            I.  Sue and be sued [to the same extent as a town or city under New Hampshire law], subject to all privileges and immunities of the state of New Hampshire.

      ­6  Powers of Rail Transit Authority.  Amend RSA 238-A:8, IV to read as follows:

            IV.  Employ such assistants, attorneys, experts, inspectors, and such other employees and consultants as the board of directors considers necessary for its purposes.  The authority shall not be required to hire such personnel in accordance with state personnel rules, so long as the state general funds have not been appropriated to fund positions for any such personnel.

      ­7  Open Meetings and Records.  Amend RSA 238-A:17 to read as follows:

      238-A:17  Open Meetings and Records.  The authority shall be subject to all requirements of RSA 91-A[:2].

      ­8  Liability Policy for Passenger Service.  Amend RSA 238-A:18 to read as follows:

      238-A:18  Liability Policy for Passenger Service.

            I.  Agreements [between the authority and a railroad] for the provision of passenger rail service shall provide [that the authority shall secure and maintain] for securing and maintaining a liability insurance policy covering the liability of the [authority and the] railroad for property damage, personal injury, bodily injury, and death arising out of such [commuter] rail service.  Such policy shall:

                  (a)  [Name the authority as named insured, and the railroad as an additional insured.

                  (b)]  Have policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually.

                  (c) (b)  Be subject to self-insured retention in an amount not less than $7,500,000, [1/2 applicable to the operating railroad, whether public or private, and 1/2 applicable to the authority] to be allocated in accordance with the agreement between the railroad and the state.

            II.  In no event shall the [authority or the] railroad be liable in excess of the coverage limits of such insurance policy for any claim for damage, whether compensatory or punitive, for property damage, personal injury, and death arising out of such passenger rail service.

      ­9  New Paragraph; Liability Policy for Passenger Service.  Amend RSA 238-A:18 by inserting after paragraph II the following new paragraph:

            III.  Nothing in this section shall constitute a waiver of the sovereign immunity of the state.

      ­10  New Section; Severability.  Amend RSA 238-A by inserting after section 18 the following new section:

      238-A:19  Severability.  If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

      ­11  New Paragraph; Classified Service and Exemptions.  Amend RSA 21-I:49 by inserting after paragraph VIII the following new paragraph:

            IX.  Personnel of the New Hampshire rail transit authority.

 

2009-1773s

AMENDED ANALYSIS

 

      This bill:

 

      I.  Establishes a commission to study recommendations of the National Transportation Safety Board.

 

      II.  Administratively attaches the New Hampshire rail transit authority to the department of transportation.

 

      III.  Subjects the New Hampshire rail transit authority to all requirements of the right-to-know law.

 

Senate Executive Departments and Administration

May 14, 2009

2009-1660s

04/01

 

 

 

Amendment to HB 78

 

 

Amend RSA 651-E:2, I(c) as inserted by section 1 of the bill by replacing it with the following:

 

                  (c)  Three members of the house of representatives, one of whom shall be from the criminal justice and public safety committee, and one of whom shall be from the children and family law committee, appointed by the speaker of the house of representatives. 

 

 

Health and Human Services

May 19, 2009

2009-1692s

01/05

 

 

 

Amendment to HB 113

 

 

Amend RSA 151-C:4, III(a) as inserted by section 1 of the bill by replacing it with the following:

 

            III.(a)  No new certificate of need shall be granted by the board for any nursing home, skilled nursing facility, intermediate care facility, or rehabilitation facility from the effective date of chapter 310, laws of 1995, department of health and human services reorganization act, through the period ending June 30, [2009,] 2012.  This moratorium shall also apply to new certificates of need regarding any rehabilitation bed in any type of facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services.  However, [except that] a certificate of need shall be issued for replacement or renovation of existing beds as necessary to meet life safety code requirements or to remedy deficiencies noted in a licensing inspection pursuant to RSA 151 or state survey and certification process pursuant to titles XVIII and XIX of the Social Security Act.  In addition, a certificate of need may be issued for construction or renovation as necessary to repair or refurbish an existing facility, or to accommodate additional beds obtained by transfer to an existing facility.  In the case of repair, refurbishment, or transferred beds, the  resulting costs in excess of the current capital expenditure threshold as adjusted for inflation pursuant to RSA 151-C:5, II(f)(1) shall not be reflected in any state Medicaid rate.  Any application for a certificate of need under this subparagraph shall indicate whether it is for a life safety code requirement or to remedy deficiencies noted in a licensing inspection or whether it is for repair or refurbishment of an existing facility or for transferred beds.  If the application is approved, it shall be deemed that the board  has agreed with the indicated reason for such application.

 

 

Senate Judiciary

May 20, 2009

2009-1752s

01/03

 

 

 

Amendment to HB 171

 

 

Amend paragraph I of section 2 of the bill by inserting after subparagraph (i) the following new subparagraph:

 

                  (j)  A psychiatrist, appointed by the New Hampshire Psychiatric Society.

 

 

Senate Judiciary

May 20, 2009

2009-1756s

04/01

 

 

 

Amendment to HB 214

 

 

Amend subparagraph I(a) of section 2 of the bill by replacing it with the following:

 

                  (a)  Five members of the house of representatives, appointed by the speaker of the house of representatives as follows:

                        (1)  One member from the children and family law committee.

                        (2)  One member from the finance committee.

                        (3)  One member from the health, human services and elderly affairs committee.

                        (4)  One member from the criminal justice and public safety committee.

                        (5)  One member from the house judiciary committee who is an attorney.

 

Amend the bill by replacing all after section 4 with the following:

 

      ­5  Report.  The committee shall make an annual report on its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1 of each year.

      ­6  Repeal.  Sections 1-5 of this act, 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, are repealed. 

      ­7  Effective Date. 

            I.  Section 6 of this act shall take effect November 2, 2012. 

            II.  The remainder of this act shall take effect upon its passage.

 

 

 

 

Health and Human Services

May 19, 2009

2009-1693s

01/05

 

 

 

Amendment to HB 226-FN

 

 

Amend RSA 130-A:6, II as inserted by section 3 of the bill by replacing it with the following:

 

            II.  The commissioner may, as part of an investigation conducted under RSA 130-A:5, if the lead-poisoned child spends 10 hours or more a week at the facility, and after making reasonable efforts to notify the owner of a child care facility and the license holder, conduct an inspection of a child care facility constructed prior to 1978, during business hours or at a time mutually agreed to, for the purposes of identifying the presence of lead base substances.  The findings of the inspection shall be provided to the owner, to the license holder, and to the health authority.  When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and to the license holder.  When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(d), the commissioner may issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and to the license holder.  The commissioner shall provide a copy of the order to the owner and to the license holder and a notice of findings, to the state child care licensing unit, and to the health authority.  The owner or license holder shall provide notice of the findings of lead hazard exposure, provided by the commissioner, to the parents or guardians of children who use the child care facility.

 

 

Amend RSA 130-A:17 as inserted by section 8 of the bill by replacing it with the following:

 

      ­8  Lead Paint Poisoning; Injunctive Relief.  Amend RSA 130-A:17 to read as follows:

      130-A:17  Injunctive Relief.

            I.  Either the attorney general or the commissioner may bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter, rules adopted under this chapter, or orders issued pursuant to this chapter, including but not limited to, orders of lead hazard abatement and orders imposing administrative fines.

            II.  The court hearing shall be held on an expedited basis and as soon as the court’s docket permits. 

            III.  Either party may request that the court hold a consolidated hearing for both temporary and permanent injunctive relief.

 

      Amend the bill by replacing section 9 with the following:

 

      ­9  Effective Date. 

            I.  RSA 130-A:7, V as inserted by section 4 of this act shall take effect upon its passage.

            II.  The remainder of this act shall take effect January 1, 2010.

 

 

Public and Municipal Affairs

May 14, 2009

2009-1657s

04/01

 

 

 

Amendment to HB 253

 

 

Amend the bill by replacing section 2 with the following:

 

      ­2  Gunstock Area; Powers Amended.  Amend 1959, 399:10(f) to read as follows:

                  (f)  Notwithstanding RSA 28:8-c, to acquire in the name of the county of Belknap by purchase, lease or otherwise, real property and rights or easements therein, deemed by it necessary for the purpose hereof, and to use such property[.] and, to convey, lease in accordance with RSA 72:23, I, or dispose of real property or the rights or easements therein under terms and conditions as shall be negotiated by the commission, provided that no conveyance or disposal shall occur unless authorized by the county convention by a 2/3 vote of those members present and voting after a duly noticed public hearing, and upon a vote of the commission with at least 4 members of the commission voting in favor, and upon approval of the Belknap county commissioners with at least 2 commissioners voting in favor.

 

 

Election Law and Veterans’ Affairs

May 19, 2009

2009-1706s

03/04

 

 

 

Amendment to HB 265

 

 

Amend the bill by replacing all after the enacting clause with the following:

 

      ­1  Determining Qualifications of Applicant.  Amend RSA 654:12, I-III to read as follows:

            I.  When determining the qualifications of an applicant, the supervisors of the checklist, or the town or city clerk, shall require the applicant to present proof of citizenship, age, and domicile, as provided in the following categories:

                  (a)  CITIZENSHIP.  The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship:  the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a [citizenship] qualified voter affidavit, or any other reasonable documentation which indicates the applicant is a United States citizen.  The [citizenship] qualified voter affidavit shall be in the following form:

      Date: ______________________

[CITIZENSHIP] QUALIFIED VOTER AFFIDAVIT (Identity, Citizenship, Age)

Name:  ______________________________

Name at birth if different:  ______________________________

Place of birth:  ______________________________

Date of birth:  __________

Date and Place of Naturalization:  ____________________________

I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct.

      ____________________________

      (Signature of applicant)

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.

On the date shown above, before me, ____________________ (print name of notary  public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being  notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.

      ________________________________

      Notary Public/Justice of the Peace/

      Official Authorized by RSA 659:30

                  (b)  AGE.  Any reasonable documentation indicating the applicant is 18 years of age or older[.], or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, a qualified voter affidavit.

                  (c)  DOMICILE.  Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city, or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit in the following form:

DOMICILE AFFIDAVIT

      Date: ________________

Name:  _________________________

Current Domicile Address:  ____________________

                                    Street Ward Number

                                    ____________________

                                    Town or City Zip Code

Date when current domicile was established:  Month:  _______  Year: _______

Place and date of birth:  ____________________

Address of last previous domicile:  ______________________________

      Street Ward Number

      ______________________________

      Town or City Zip Code

I hereby swear and affirm, under the penalties for voting fraud set forth below, that my established domicile is at the current domicile address I have entered above.  I understand that I can claim only one city/town as my domicile at a time.  A domicile is that place, more than any other, where I sleep most nights of the year, or to which I intend to return after a temporary absence.  By registering or voting today, I acknowledge that I am not registering to vote or voting in any other city/town, and that to the best of my knowledge and belief the information above is true and correct.

      ________________________________

      (Signature of applicant)

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.

On the date shown above, before me, ______________________ (print name of notary public, justice of the peace, election officer), appeared ______________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the  facts contained in this affidavit are true to the best of his or her knowledge and belief.

      ____________________________________

      Notary Public/Justice of the Peace/                       Official Authorized by RSA 659:30

            II.  The supervisors may refuse to add the name of an applicant to the checklist if he or she fails to present the evidence or an affidavit as required by this section.  Without limiting the acceptance of other forms of proof of domicile or identity deemed reasonable by the supervisors:

                  (a)  Any one of the following documents is presumptive evidence that the individual seeking to vote meets the domicile requirement, provided the document is currently valid, was issued to or in the name of the applicant, and shows the address the applicant claims as a domicile:

                        (1)  New Hampshire driver's license.

                        (2)  New Hampshire vehicle registration.

                        (3)  Armed services identification, or other photo identification issued by the United States government.

                  (b)  Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement for an official authorized by RSA 659:30 to take the oath of an applicant swearing to a [citizenship] qualified voter, domicile, or election day affidavit:

                        (1)  Photo driver's license issued by any state or the federal government.

                        (2)  United States passport, armed services identification, or other photo identification issued by the United States government.

                        (3)  Photo identification issued by local or state government.

                  (c)  The presumptions established in this paragraph may be defeated by evidence establishing that it is more likely than not that the applicant is not qualified as a voter.

            III.  To prove the qualifications set forth in paragraphs I and II, an applicant for registration as a voter must prove his or her identity to establish that the evidence used to prove age, citizenship, and domicile relate to the applicant.  A person who has in his or her immediate possession a photo identification approved for use by paragraph II must present that identification when applying for registration.  A person who does not have an approved photo identification with him or her may establish identity through any reasonable means, including, but not limited to:  photo identification not approved by paragraph II, but determined to be legitimate by the supervisors of the checklist or clerk, verification of the person's identity by another person registered as a voter and known to the supervisor or clerk, or completion of the qualified voter affidavit [to be completed by a challenged voter].  Residents of a nursing home or similar facility may prove their identity through verification of identity by the administrator of the facility or by his or her designee.  For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home or similar facility shall be treated in the same manner as the application of a person who proved his or her identity with a photo identification.

      ­2  Reference Changed.  Amend RSA 654:31-a to read as follows:

      654:31-a  Right to Know Exemption.  The information contained on the checklist of a town or city, specifically, the name, street address, mailing address, town or city, and party affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A.  All other information on the voter registration form, absentee registration affidavit, [citizenship] qualified voter and domicile affidavits, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A.  Notwithstanding the foregoing, [citizenship] qualified voter and domicile affidavits are public records subject to RSA 91-A for the sole purpose of challenging an individual registering to vote or voting, challenging ballots to be recounted, to the extent that such ballot challenges are specifically authorized by law, or determining the accuracy of any [citizenship] qualified voter or domicile affidavit.  Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, [citizenship] qualified voter and domicile affidavits, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime.  Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.

      ­3  Challenge of Voter; Affidavit.  Amend RSA 659:27 to read as follows:

      659:27  Challenge of Voter; Affidavit.  Any voter at any state election may challenge any other voter offering to vote at such election, and the moderator shall not receive the vote of the person so challenged until he or she shall sign and give to the moderator an affidavit in the following form:  I, ___________________, do solemnly swear (or affirm) that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward) and have a legal domicile therein.  In the alternative, a challenged voter may fill out and sign a qualified voter affidavit.

      ­4  Reference Changed.  Amend RSA 659:30 to read as follows:

      659:30  Affidavit.  The affidavit of a challenged voter, a qualified voter [citizenship] affidavit, a voter domicile affidavit, or any other affidavit required by the election statutes may be sworn before any person authorized by law to administer oaths or before any election officer.

      ­5  Reference Changed.  Amend RSA 659:34, I(a) to read as follows:

                  (a)  When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, an election day registration affidavit, a [citizenship] qualified voter affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;

      ­6  Reference Changed.  Amend RSA 659:101 to read as follows:

      659:101  Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits.  The affidavit envelopes and application forms processed by the moderator as provided in RSA 659:50, and the [citizenship] qualified voter affidavits and domicile affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official may be preserved in the same manner that ballots are preserved.  [Citizenship] Qualified voter, voter registration, and domicile affidavits shall be retained for 3 years after the election in which they are used, and other materials may be destroyed one year after the first state general election at which the individual may vote.

      ­7  Effective Date.  This act shall take effect January 1, 2010.

 

2009-1706s

AMENDED ANALYSIS

 

      This bill modifies and renames the voter citizenship affidavit.

 

Election Law and Veterans’ Affairs

May 19, 2009

2009-1699s

03/09

 

 

 

Amendment to HB 292

 

 

Amend the bill by deleting section 1 and renumbering the original sections 2-10 to read as 1-9, respectively.

 

Amend RSA 15:1, V(h) as inserted by section 1 of the bill by replacing it with the following:

 

                  (h)  Communication made to the governor or to any member of the executive council, member of the general court, or public official as defined in RSA 15-B:2, X by an employee on behalf of his or her employer that would otherwise require registration under RSA 15:1, II, provided that the person making the communication:

                        (1)  Is not required to register and report as a lobbyist for any person, including the employer on whose behalf the communication exempted under this subparagraph is made;

                        (2)  Is not specifically compensated by the employer or any other person for making the communication;

                        (3)  Has not been required to make the communication by the employer or any other person required to register and report under this chapter; and

                        (4)  The purpose of the communication is to allow the employee to communicate the employer’s views or his or her personal views on any matter within the scope of RSA 15:1, II that may affect the employer and/or the employee in his or her capacity as an employee.

 

Amend RSA 15-A:3, II as inserted by section 5 of the bill by replacing it with the following:

 

            II.  Any person who is otherwise subject to the filing requirements of subparagraph I(h) shall be exempt from filing a statement of financial interests provided the individual volunteering:

                  (a)  Does not directly or indirectly influence the setting of public policy;

                  (b)  Does not directly or indirectly influence decisions on how state funds will be expended; and

                  (c)  Does not directly or indirectly influence the selection of vendors for the state.

 

Amend the bill by replacing sections 7-8 with the following:

 

      ­7  New Section; Filing Officer.  Amend RSA 21-G by inserting after section 28 the following new section:

      21-G:28-a  Filing Officer; Appointment; Duties and Responsibilities.

            I.  The secretary of state shall designate an employee of the department of state as the state filing officer, who shall be responsible for the administration of this subdivision.

            II.  The filing officer shall:

                  (a)  Review the administrative requirements of this subdivision and the submission of forms pursuant to RSA 15-A and RSA 15-B.

                  (b)  Communicate with all candidates for public office and all executive branch officials on the administrative requirements of this subdivision and the submission of forms pursuant to RSA 15‑A and RSA 15-B.

                  (c)  Respond to any inquiries from candidates for public office and executive branch officials on the administrative requirements of this subdivision and the submission of forms pursuant to RSA 15-A and RSA 15-B.

                  (d)  Forward complaints alleging violations of the provisions of the state ethics code to the attorney general or the executive branch ethics committee, established under RSA 21‑G:29.

            III.  The state filing officer shall not be authorized to render legal advice.

            IV.  Any state agency, commission, or committee authorized by statute to issue opinions interpreting a state ethics law shall submit a copy of any written decision or opinion to the state filing officer and to the secretary of state.  Such written decisions or opinions may be redacted prior to submission in order to protect confidential or nonpublic information.

      ­8  Examination of Disclosures.  Amend RSA 15-A:8 to read as follows:

      15-A:8  Examination of Disclosures.  [It shall be the duty of] The attorney general [to] may examine the statements of financial interests which are made under this chapter to the secretary of state and [to] compel such disclosures to be made to comply with the law.

 

2009-1699s

AMENDED ANALYSIS

 

      This bill:

 

      I.  Modifies financial disclosure requirements for legislators.

 

      II.  Modifies the applicability of lobbyist regulation statutes and reporting requirements for lobbyists.

 

      III.  Exempts certain executive branch volunteers from the financial disclosure requirements.

 

      IV.  Modifies exemptions from the definition of “gift” for purposes of prohibitions on certain gifts to public officials.

 

      V.  Requires executive branch entities to submit lists of volunteers to the secretary of state.

 

      VI.  Requires the secretary of state to designate an employee as the state filing officer.

 

      VII.  Makes discretionary the attorney general’s duty to examine statements of financial interest and compel their compliance with the law.

 

 

 

 

Senate Education

May 12, 2009

2009-1606s

04/10

 

 

 

Amendment to HB 317

 

 

Amend RSA 188-D:13, I as inserted by section 2 of the bill by replacing it with the following:

 

            I.  The postsecondary education commission shall make all grants in a fair and equitable manner and at such times as the postsecondary education commission shall determine, to [residents of this state] any person who has established that his or her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education and who [have] has satisfactorily met the requirements established by the postsecondary education commission.  Application requirements established by the postsecondary education commission shall include, but not be limited to the requirement that the applicant:

 

2009-1606s

AMENDED ANALYSIS

 

      This bill:

 

      I.  Provides that the state board of education may specify criteria for conditional approval of nonpublic schools.

 

      II.  Clarifies residency requirements for the New Hampshire incentive grant program.

 

      III.  Expands the number of institutions of higher education at which scholarship funds for natural and adopted children of veterans may be used.

 

 

Senate Education

May 12, 2009

2009-1605s

04/10

 

 

 

Amendment to HB 332

 

 

Amend section 2 of the bill by replacing paragraph I(b) with the following:

 

                  (b)  One member of the senate, appointed by the president of the senate.

 

Amend the bill by replacing section 5 with the following:

 

      ­5  Report.  The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009.

 

 

Senate Judiciary

May 20, 2009

2009-1753s

05/04

 

 

 

Amendment to HB 342

 

 

Amend section 2 of the bill by replacing subparagraph I(d) with the following:

 

                  (d)  Two county attorneys, or their designees, appointed by the county attorneys affiliate of the New Hampshire Association of Counties.

 

Amend paragraph I of section 2 of the bill by inserting after subparagraph (f) the following new subparagraphs:

 

                  (g)         One member of the New Hampshire Public Defender, appointed by the executive director of that organization.

                  (h) One member of the New Hampshire Association of Criminal Defense Lawyers, appointed by the executive director of the association.

 

 

Energy, Environment, and Economic Development

May 21, 2009

2009-1766s

08/09

 

 

 

Amendment to HB 443

 

 

Amend the title of the bill by replacing it with the following:

 

AN ACT     relative to underground storage facility operator training and relative to requirements for guaranteed price plans and prepaid contracts for petroleum.

 

Amend the bill by replacing all after section 2 with the following:

 

      ­3  Requirements for Guaranteed Price Plans and Prepaid Contracts for Petroleum.  Amend RSA 339:79, III(a) to read as follows:

                  (a)  Shall not require consumers to commit for a term of more than one heating oil season.  Such contracts shall be offered no earlier than [January] May 1 of the year in which the heating oil season begins.

      ­4  Requirements for Guaranteed Price Plans and Prepaid Contracts for Petroleum.  Amend RSA 339:79, IV(a) to read as follows:

                  (a)  A firm commitment in the form of a futures contract or other commitment that guarantees that the dealer [may] shall purchase, at a fixed price, heating oil, kerosene, or liquefied petroleum gas in an amount not less than 75 percent of the maximum number of gallons that the dealer is committed to deliver pursuant to all prepaid contracts entered into by the dealer.  The amount of such futures contract may be reduced to reflect any amount of home heating oil, kerosene, or liquefied petroleum gas already delivered to and paid for by the consumer;

      ­5  Effective Date. 

            I.  Sections 1 and 2 of this act shall take effect July 1, 2009.

            II.  The remainder of this act shall take effect upon its passage.

 

2009-1766s

AMENDED ANALYSIS

 

      This bill establishes requirements for training operators of underground petroleum storage facilities.

 

      This bill also changes requirements for guaranteed price plans and prepaid contracts for petroleum.

 

 

Election Law and Veterans’ Affairs

May 19, 2009

2009-1698s

03/04

 

 

 

Amendment to HB 513

 

 

Amend the title of the bill by replacing it with the following:

 

AN ACT     establishing a citizen-funded election task force.

 

Amend the bill by replacing all after the enacting clause with the following:

 

      ­1  Citizen-Funded Election Task Force.

            I.  There is established a citizen-funded election task force.  The members of the task force shall be as follows:

                  (a)  One member of the senate, appointed by the president of the senate.

                  (b)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

                  (c)  Two members representing organizations supporting public financing of campaigns, appointed jointly by the president of the senate and the speaker of the house of representatives.

                  (d)  One member who served on the commission to study the feasibility of public funding of state election campaigns established by 2008, 55, appointed jointly by the president of the senate and the speaker of the house of representatives.

            II.  Legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

            III.  The task force shall:

                  (a)  Review the report of the commission to study the feasibility of public funding of state election campaigns established by 2008, 55, and develop a detailed plan, including proposals for specific legislation, to implement the recommendations of the report.

                  (b)  Solicit input from senators, representatives, the governor, executive councilors, the attorney general, the secretary of state, and any other persons deemed appropriate by the task force.

                  (c)  Hold public hearings at times and at locations around the state that are likely to elicit substantive input from the general public.

                  (d)  Make the schedule and minutes of meetings of the task force, and all testimony and materials presented to the task force, available to the public on a website.

            IV.  The members of the task force shall elect a chairperson from among the members.  The first meeting of the task force shall be called by the first-named senate member.  The first meeting of the task force shall be held within 60 days of the effective date of this section.  Four members of the task force shall constitute a quorum.

            V.  The task force shall submit an initial report on or before November 16, 2009 and a final report on or before November 15, 2010 of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the chairmen of the senate election law and veterans’ affairs committee, the chairmen of the house election law committee, the governor, and the state library.

      ­2  Effective Date.  This act shall take effect upon its passage.

 

2009-1698s

AMENDED ANALYSIS

 

      This bill establishes a citizen-funded election task force.

 

Election Law and Veterans’ Affairs

May 12, 2009

2009-1613s

09/03

 

 

 

Amendment to HB 614

 

 

Amend the title of the bill by replacing it with the following:

 

AN ACT     relative to domicile of students for voting purposes and relative to absentee ballot application forms.

 

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

 

      ­2  Absentee Voting; Application Forms.  Amend RSA 657:4, I to read as follows:

            I.  Absence (Excluding Absence Due to Residence Outside the Continental United States), Religious Observance, and Disability:

      New Hampshire law requires that you vote in person at the polling place for your town or ward unless you:

      a.  Plan to be absent on the day of the election from the city, town, or unincorporated place in which you are registered to vote.

      b.  Cannot appear in public on election day because of observance of a religious commitment.

      c.  Are unable to vote in person due to a disability.

      d.  Cannot appear at any time during polling hours at your polling place because an employment obligation requires you to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close.

      RSA 657:1.  Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.

      I am requesting an absentee ballot for the following election:

      ___ State Primary. I am member of the:

      ___ Republican Party

      ___ Democratic Party

      or I am now declaring my affiliation with that party and am requesting a ballot for that party's primary.

      ___ General Election

      Applicant's Name __________________________________________________

       (Last)  (First) (Middle)                                         [(DOB)]

      Applicant's Voting Domicile (home address):

      ___________________________________________________

      (Street)       (City/Town)                                        (zip)

      Mail the ballot to me at this address: ______________________________

            ______________________________

      ______________________________

      I hereby declare that:

      ___ I am a duly qualified voter who is currently registered to vote in this town/ward.

      ___ I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot.

      I will be entitled to vote by absentee ballot at the election designated above because:

      ___ I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.

      ___ I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced.  I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.

      ___ I cannot appear in public on election day because of observance of a religious commitment.

      ___ I am unable to vote in person due to a disability.

      ___ I cannot appear at any time during polling hours at my polling place because an employment obligation requires me to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close.

      This application form must be signed by the applicant.  The absentee ballot forms you receive will require you to sign an affidavit confirming that you are entitled to vote by absentee ballot due to one of the reasons stated above.  The moderator is required to compare the signature on the affidavit to your signature on this form.  The absentee ballot will not be counted if the affidavit and this form do not appear to have been signed by the same person.  RSA 659:50.

      __________________________________ 

      Signature of the Applicant

 

2009-1613s

AMENDED ANALYSIS

 

      This bill authorizes a student at an institution of learning to claim domicile for voting purposes in the town or city in which he or she lives while attending the institution of learning.  This bill also deletes the date of birth reference on absentee ballot application forms.

 

 

 

 

Senate Education

May 19, 2009

2009-1718s

04/01

 

 

 

Amendment to HB 688

 

 

Amend RSA 194-B:2 as inserted by section 4 of the bill by inserting after paragraph V the following new paragraphs:

 

            VI.  Upon approval by each of the district’s legislative bodies and after a public hearing, 2 or more school districts may consolidate otherwise eligible resident pupils into one applicant pool for the purposes of an admissions lottery for designated chartered public schools.

            VII.  A chartered public school may be physically located outside the district establishing it, but shall be deemed within the school district for purposes of RSA 194-B.

 

Amend RSA 194-D:2 as inserted by section 14 of the bill by inserting after paragraph IX the following new paragraph:

 

            X.  Upon approval by each of the district’s legislative bodies and after a public hearing, 2 or more school districts may consolidate otherwise eligible resident pupils into one applicant pool for the purposes of an admissions lottery for designated open enrollment schools.

HEARINGS

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

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 237, relative to accident and health insurance short-term policies.

8:50 a.m.          HB 238, relative to market conduct and enforcement.

9:10 a.m.          HB 416, relative to insurance examinations.

                        EXECUTIVE SESSION MAY FOLLOW

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

Sen. Cilley (C), Sen. Fuller Clark (VC), Sen. DeVries, Sen. Downing, Sen. Carson

2:00 p.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

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

HEALTH AND HUMAN SERVICES, Room 103, SH

Sen. Sgambati (C), Sen. Gilmour (VC), Sen. Kelly, Sen. Gallus, Sen. Downing

9:30 a.m.          EXECUTIVE SESSION ON PENDING LEGISLATION

JUDICIARY, Room 103, SH

Sen. Reynolds (C), Sen. Lasky (VC), Sen. Houde, Sen. Roberge, Sen. Letourneau

2:00 p.m.          HB 295, relative to mental health treatment for members of the armed forces and veterans convicted of crimes.

Cancelled          HB 363, eliminating requirements for additional breath tests for blood alcohol content.

2:15 p.m.          HB 370, relative to equality of treatment of victims of crime.

2:30 p.m.          HB 438, relative to admission into evidence of certain medical bills, reports, and records.

2:45 p.m.          HB 459, relative to access to restorative justice programs by victims of crime.

3:00 p.m.          HB 621, (New Title) relative to establishing procedures for identifying criminal defendants who may have a mental illness.

3:15 p.m.          HB 686, relative to complaint procedures in cases before the commission for human rights.

3:30 p.m.          HB 504, relative to the termination of guardianship of a minor.

                        (the previous hearing for hb 504 was recessed on May 19th)

                        EXECUTIVE SESSION MAY FOLLOW

WAYS AND MEANS, Room 103, 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 28, 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.          EXECUTIVE SESSION ON PENDING LEGISLATION

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Rooms 305-307, LOB

Sen. Fuller Clark (C), Sen. Merrill (VC), Sen. Cilley, Sen. Lasky, Sen. Odell, Sen. Bradley

8:30 a.m.          HB 45, relative to the water supply land conservation program.

                        (the previous hearing for HB 45 was recessed on May 21st. there will be an amendment proposed which will add new text to the bill and will change the title to read: "HB 45, relative to the water supply land conservation program, establishing a committee to study a proposal by the fish and game department to construct a certain boat ramp, and establishing a moratorium on proceedings for permits required for such boat ramp")

                        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

JUDICIARY, Room 103, SH

Sen. Reynolds (C), Sen. Lasky (VC), Sen. Houde, Sen. Roberge, Sen. Letourneau

2:30 p.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.          EXECUTIVE SESSION ON PENDING LEGISLATION

MEETINGS

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

                                    Concord, NH

NEW HAMPSHIRE RAIL TRANSIT AUTHORITY (RSA 238-A:2)

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

10:20 a.m.                    Room 208, LOB                         Electronic Communications & Cost                                                                    Recovery Subcommittee 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

                                    Concord, NH

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 Record

                                    Management Building

                                    71 South Fruit Street

                                    Concord, NH

ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)

3:00 p.m.                      Upham-Walker House                           Regular Meeting

                                    18 Park Street

                                    Concord, NH

CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)

3:00 p.m.                      Room 201, LOB                         Regular Business

WEDNESDAY, MAY 27, 2009

ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)

11:00 a.m.                    NH Office of Energy and Planning         Public Sector Working Group

                                    4 Chenell Drive                                     Subcommittee Meeting

                                    Concord, NH

FRIDAY, MAY 29, 2009

STATE PARK SYSTEM ADVISORY COUNCIL (RSA 216-A:3-k)

9:30 a.m.                      New Hampshire Charitable                   Regular Meeting

                                    Foundation

                                    37 Pleasant Street

                                    Concord, NH

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

SCHOOL ADMINISTRATIVE UNIT SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE (RSA 194-C:11)

1:00 p.m.                      Room 207, LOB                         Regular Meeting

COMMISSION TO STUDY THE PREVENTION OF CHILDHOOD OBESITY (HB 1422, Chapter 219:1, Laws of 2008)

3:15 p.m.                      Room 205, LOB                         Regular Meeting

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

                                    Concord, NH

FRIDAY, JUNE 5, 2009

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)

Cancelled                      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

                                    Concord, NH

MONDAY, JUNE 8, 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, JUNE 9, 2009

MEDICAL MALPRACTICE PANEL AND INSURANCE OVERSIGHT COMMITTEE (RSA 519-B:11)

10:00 a.m.                    Room 205, LOB                         Regular Meeting

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, Suite 10

                                    21 South Fruit Street

                                    Concord, NH

FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)

9:00 a.m.                      Rooms 210-211, LOB                             Regular Business

STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-E:1,I)

9:30 a.m.                      Room 101, LOB                         Regular Meeting

NH LAND AND COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-M:4)

10:00 a.m.                    Church Landing, Ballot Room               Regular Meeting

                                    Meredith, NH

GUARDIAN AD LITEM BOARD (RSA 490-C:1)

1:00 p.m.                      Room 102, LOB                         Regular Meeting

NEW HAMPSHIRE COMMISSION ON DEAFNESS AND HEARING LOSS (RSA 125-Q)

1:30 p.m.                      Room 205, 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

                                    Concord, NH

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

                                    Concord, NH

THURSDAY, JUNE 18, 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

                                    29 Hazen Drive

                                    Concord, NH

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

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)

9:00 a.m.                      Room 305, LOB                         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

                                    Concord, NH

TUESDAY, JUNE 23, 2009

TASK FORCE ON HOMELESS TEENAGERS (HB 537, Chapter 273:1, Laws of 2008)

10:00 a.m.                    Room 207, LOB                         Regular Meeting

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE (RSA 17-M:1)

3:00 p.m.                      Room 201, LOB                         Regular Business

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

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SENATE BILLS AMENDED BY THE HOUSE

SB 5,                (New Title) prohibiting retailers from disclosing private customer information to foreign states in connection with the collection of certain sales and use taxes.

SB 14,              relative to the governing boards of allied health professionals.

SB 22-FN,        (New Title) relative to criminal mischief committed against natural geological formations which have been designated as natural landmarks.

SB 29,              relative to review of developments of regional impact.

SB 30,              (2nd New Title) relative to notice of rights under the manufactured housing law.

SB 31-FN,        establishing the Candia District Court and the Manchester District Court as judicial branch family division sites.

SB 42,              establishing a committee to study the cost and feasibility of implementing a hospice benefit under Medicaid.

SB 46,              relative to group life insurance.

SB 49,              relative to the board of barbering, cosmetology, and esthetics.

SB 51,              requiring confidentiality of jurors' addresses and the file in an involuntary admission proceeding.

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 80,              (New Title) establishing a committee to study requiring insurance coverage for services provided by athletic trainers.

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 119,            relative to provider contract standards.

SB 131,            relative to state hiring of veterans.

SB 133-FN,      authorizing purple heart special number plates for veterans still on active duty.

SB 135-FN,      (New Title) increasing snowmobile registration fees, OHRV dealer and rental agency registration fees, agent’s fee for OHRVs and snowmobiles, and the penalty for an unregistered snowmobile.

SB 142,            (New Title) relative to registration of criminal offenders and relative to involuntary commitment of sexually violent predators.

SB 151,            relative to quorum requirements for public bodies for which a quorum is not expressly declared.

SB 156,            relative to the commission to study the creation of an animal care worker classification.

SB 160-FN,      relative to benefits of dependents of a group II retirement system member who is killed or dies in the performance of duty.

SB 182-FN-A,   (New Title) establishing a committee to study business tax credits.

SB 187,            relative to the administrative changes to the Nashua public works retirement system.

SB 188,            (New Title) relative to establishing a commission to study hospital billing practices of health care providers.

SB 189,            relative to decisions of local land use boards.

SB 195,            relative to procedures for the trimming, cutting, or removal of trees by utilities.

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ENROLLED BILL AMENDMENTS ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR 2009 BILLS:

SENATE BILLS: 37, 117, 93, 153.

HOUSE BILLS: 84, 105, 345, 310, 464, 483, 545, 552.

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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, 133, 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: 2, 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, 468, 481, 530, 570, 578, 580, 585, 587, 592, 600, 602, 641, 671, 685.

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NOTICES

FRIDAY, MAY 29, 2009

On Friday, May 29, 2009, the NH Association for Infant Mental Health (NHAIMH) will release the state’s first-ever report on mental health concerns among very young children (ages birth to six), and the availability of services to address them. A press conference will be held in the LOB lobby at 10:00 a.m., followed by a panel discussion with the report’s authors from 10:30 a.m. – 12:00 p.m. , in LOB Rooms 206-208.

The NHAIMH research was funded by a grant from the Endowment for Health, and is part of a five-year initiative to improve the mental health of New Hampshire’s children and their families. Please join us to learn more about this very important issue. All members of the House and Senate are welcome.

Senator Lou D’Allesandro

********

MONDAY, JUNE 1, 2009

Stephen J. Bartels, MD, MS, Medical Director, Bureau of Elderly and Adult Services, Professor of Psychiatry and of Community and Family Medicine, Dartmouth Centers for Health and Aging.  Dr. Bartels will address Mental Illness and the Elderly.  Legislators and interested persons are invited to attend on Monday, June 1 at 10:00 a.m. in Rooms 205-207, LOB.

Senator Lou D'Allesandro

********

THURSDAY, JUNE 11, 2009

The UNH Masters in Public Health Program and the Southern NH Health System invite Senators to attend "Public Health and Genetics," featuring Amy Schwartz, MPH, Project Manager, New England Genetics Collaborative and Associate Director & Clinical Assistant Professor, New Hampshire Institute of Health Policy and Practice. This important session will be held Thursday, June 11, 12:00-1:00 pm at the Health & Education Building, Conference Rooms C & D, Southern NH Medical Center, 10 Prospect St, Nashua, NH. Attendees will learn about genetics programs and future developments in genetics as they relate to and affect public health, as well as the current ethical, legal and social issues of genetics in public health.

To RSVP for this FREE Lecture complete the form at http://www.chhs.unh.edu/hmp/grandround_regform.html or call 862-1128.

Senator Kathleen G. Sgambati

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FRIDAY, SEPTEMBER 18, 2009

The 36th Annual Bill White & Junie Blaisdell Ceremonial & Memorial Legislative Golf Tournament for the benefit of the American Heart Association is scheduled for Friday, September 18, 2009 at the Beaver Meadow Golf Club, Concord, NH. The entry fee for this annual tournament is $50.00 per legislator and legislative staff and $100 for all others if paid by June 30, 2009.  The entry fee increases to $75.00 per legislator and legislative staff and $125 for all others if paid from July 01, 2009 to September 04, 2009.  A continental breakfast and barbeque lunch will be provided.  There are prizes for the top-place finishers, and a raffle.

 

Registration begins at 7:15 a.m. and the shotgun start is scheduled for 8:30 a.m. The format is “Captain and Crew.” Sign-up as a foursome or sign-up by yourself in order to be placed in a foursome.

 

Please note that, for planning purposes, payment must be made no later than September 4th.  There will be no exceptions to this rule! Cancellation must occur two weeks prior to the tournament date to receive a refund.

 

Return your entry and payment no later than June 30, 2009 to Bob Blaisdell to receive the discounted rate and reserve your spot or no later than September 4th to reserve your spot at the regular rate.  Checks should be made payable to:  NH Legislative Golf Committee.

Mailed to:  Bob Blaisdell, The Demers Group, 72 North Main Street, Suite 301, Concord, NH 03301

Senator Michael W. Downing

 

 

 

!

36th Annual Bill White & Junie Blaisdell Ceremonial & Memorial Golf Tournament

Beaver Meadow Golf Course

Concord, NH

 

 

Name:              1. _______________________________________________________

 

 

                        2. _______________________________________________________

 

 

                        3. _______________________________________________________

                       

 

                        4. _______________________________________________________

 

 

 

Telephone:            _________________________   Amount Enclosed: ___________

 

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SENATE SCHEDULE

Monday, May 25, 2009                                      Memorial Day (State Holiday).

 

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 Holiday).

 

Monday, September 7, 2009                               Labor Day (State Holiday).

 

Wednesday, November 11, 2009                         Veterans Day (State Holiday).

 

Thursday, November 26, 2009                           Thanksgiving Day (State Holiday).

 

Friday, November 27, 2009                               Day after Thanksgiving (State Holiday).

 

Friday, December 25, 2009                                Christmas Day (State Holiday).

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VISITORS' CENTER SCHEDULE - MAY& JUNE

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 & June 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 Visitors’ Center. Thank you for your continued participation with your School Visitation Program.

 

Virginia J. Drew, Director                Deborah Rivers, Public Information Administrator

 

May 22

9:00

Conant SchoolConcord

65/4

May 22

10:00

Gilmanton Elementary School

40/4

May 22

11:00

Linwood SchoolLincoln

30/4

May 26

9:00

Sutton Central Elementary School 

20/4

May 26

10:00

Enfield Elementary School

45/4

May 26

11:00

Plymouth Elementary School

45/4

May 26

1:30

Indian Head Resort

40/SRS

May 27

11:00

Madison Elementary School

21/4

May 27

11:00

Mountain Shadows SchoolDublin

5/6

May 27

12:00

Saint Elizabeth of Seton SchoolRochester

18/4

May 27

1:00

Holy Trinity School _-Laconia

12/7

May 28

8:30

Concord High School Civics Classes

58/HS

May 28

10:30/12:00

SH/HM

Auburn Village School

75/4

May 28

1:30

Zimbabwe Visitors

15/Adults

May 29

10:00

Bernice A. Ray SchoolHanover

45/4

May 29

11:00

Mt. Pleasant Elementary School – Nashua

65/4

May 29

1:00

Holderness Central School

28/4

May

 

 

 

June 1

9:00

Florence Ride Out SchoolWilton

49/4

June 1

10:00

Bernice A. Ray SchoolHanover

45/4

June 2

10:00

Acworth Center School

13/4

June 2

10:00

John Fuller SchoolNorth Conway

35/4

June 2

1:00

Hall Memorial Library Home School

15

June 3

10:00/11:30

SH/HM

Interlakes Elementary School- Meredith            

90/4

June 4

9:00

Ben Franklin SchoolKeene

25/4

June 4

10:00

Kensington Elementary School

38/4

June 4

11:00

Stratford Public School

26/4&5

June 5

9:30

Jonathan Daniels SchoolKeene

26/4

June 5

11:00

Salisbury-Webster School

40/4

June 5

12:00

Ellis SchoolFremont

53/7

June 8

9:30/11:00

SH/HM

Hillsboro Deering School

104/4

June 9

10:30/12:00

SH/HM

Lakeway Elementary SchoolLittleton

54/4

June 9

9:00

Russell School – Rumney

16/4

June 10

9:00/10:30

SH/HM

Maple Street School – Hopkinton

84/4

June 11

9:00

NH Realtors Association

50/Adult

 

 

 

 

June 12

9:00/10:15

SH/SC

Riddle Brook Elementary SchoolBedford

80/4

June 12

11:30

Disnard SchoolClaremont

43/4

June 11

11:30/1:00

SH/HM

DJ Bakie Elementary School – Kingston

78/4

June 18

9:30/11:00

SH/HM

Green Acres Elementary – Manchester

100/4

June 19

9:00/10:15

SH/SC

Riddle Brook Elementary SchoolBedford

80/4