April 23, 2009

May 28, 2009

No. 26

STATE OF NEW HAMPSHIRE

WEB SITE ADDRESS:

www.gencourt.state.nh.us

161^st Session of the New Hampshire General Court

Legislative

SENATE CALENDAR

REPORTS, AMENDMENTS, HEARINGS,

MEETINGS AND NOTICES

THE SENATE WILL MEET IN SESSION ON WEDNESDAY, JUNE 3, 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 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. 354

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. 342

HB 411, relative to the safety of retirement accounts. 5/27/09, pending motion ITL, Commerce, Labor & Consumer Protection, SJ 17, 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. 354

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. 331

REPORTS

COMMERCE, LABOR AND CONSUMER PROTECTION

HB 216-FN, relative to fees for legal services rendered to workers' compensation claimants.

Re-refer to Committee, Vote 5-1.

Senator Bragdon for the committee.

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

Ought to Pass, Vote 3-1.

Senator Reynolds for the committee.

HB 238, relative to market conduct and enforcement.

Ought to Pass, Vote 6-0.

Senator DeVries for the committee.

HB 330, relative to life, accident, and health insurance.

Ought to Pass with Amendment, Vote 5-1.

Senator DeVries for the committee.

HB 343, relative to payroll deductions.

Inexpedient to Legislate, Vote 3-3.

Senator Reynolds for the committee.

HB 416, relative to insurance examinations.

Ought to Pass, Vote 6-0.

Senator Roberge for the committee.

HB 680, making technical changes in the insurance laws.

Ought to Pass with Amendment, Vote 6-0.

Senator Roberge for the committee.

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT

HB 45, relative to the water supply land conservation program.

Ought to Pass with Amendment, Vote 6-0.

Senator Fuller Clark for the committee.

HB 61, relative to a definition of "sustainable energy."

Ought to Pass, Vote 5-0.

Senator Merrill for the committee.

HB 102, (New Title) relative to the rivers management and protection program.

Ought to Pass with Amendment, Vote 5-0.

Senator Lasky for the committee.

HB 229, clarifying the eligibility requirements for class IV renewable energy generating facilities.

Ought to Pass with Amendment, Vote 3-1.

Senator Fuller Clark for the committee.

HB 314-L, (New Title) relative to the assessment of certain costs associated with proposed large groundwater withdrawals from wells.

Re-refer to Committee, Vote 4-1.

Senator Bradley for the committee.

HB 452, designating segments of the Ammonoosuc River into the rivers management and protection program.

Ought to Pass with Amendment, Vote 5-0.

Senator Bradley for the committee.

HB 502, modifying the definition of "dam."

Ought to Pass, Vote 5-0.

Senator Cilley for the committee.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION

HB 131, (New Title) relative to the juvenile justice advisory board.

Ought to Pass with Amendment, Vote 5-0.

Senator Fuller Clark for the committee.

HB 297, (New Title) relative to the adoption of agency forms under the administrative procedures act and relative to the notice of the expedited repeal of rules.

Ought to Pass with Amendment, Vote 5-0.

Senator DeVries for the committee.

HB 335, relative to the state retiree health plan commission.

Ought to Pass with Amendment, Vote 5-0.

Senator Fuller Clark for the committee.

HB 360, relative to members of the general court participating in the state group health insurance plan.

Re-refer to Committee, Vote 5-0.

Senator DeVries for the committee.

HB 514, establishing a New Hampshire other post-employment benefits (OPEB) trust and enabling political subdivisions to create or participate in OPEB trusts.

Re-refer to Committee, Vote 5-0.

Senator Carson for the committee.

HB 519, relative to supervision of state employees who are related by birth or marriage.

Ought to Pass with Amendment, Vote 5-0.

Senator Cilley for the committee.

FINANCE

HB 174-FN, establishing a performance measurement system for state agencies.

Inexpedient to Legislate, Vote 6-0.

Senator D'Allesandro for the committee.

HB 296-FN-A, (New Title) transferring funds related to oil discharge prevention and cleanup, and an oil fund performance audit.

Ought to Pass with Amendment, Vote 7-0.

Senator Janeway for the committee.

HB 378-FN-A, (New Title) relative to fees for methadone detoxification and maintenance programs.

Ought to Pass, Vote 7-0.

Senator Sgambati 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 7-0.

Senator D'Allesandro for the committee.

HB 429-FN, relative to the liquor commission and alcoholic beverages.

Ought to Pass with Amendment, Vote 7-0.

Senator Odell for the committee.

HB 433-FN-A, (New Title) relative to funding the law requiring reporting of hospital infections.

Ought to Pass, Vote 7-0.

Senator Sgambati for the committee.

HB 529-FN, relative to the healthy kids program.

Ought to Pass, Vote 7-0.

Senator Odell for the committee.

HB 587-FN, establishing an information and analysis center within the department of safety.

Re-refer to Committee, Vote 7-0.

Senator Gallus for the committee.

HB 590-FN, relative to the retirement age for group II members.

Ought to Pass, Vote 7-0.

Senator Janeway for the committee.

HB 601-FN, relative to claims for compensation from the victims' assistance fund.

Ought to Pass with Amendment, Vote 6-0.

Senator Sgambati 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, Vote 6-0.

Senator Hassan 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, Vote 7-0.

Senator Janeway for the committee.

HB 655-FN, extending senior active status to judges over 70 years of age.

Ought to Pass, Vote 7-0.

Senator Hassan for the committee.

HB 690-FN, establishing a cold case homicide unit.

Ought to Pass, Vote 7-0.

Senator Gallus for the committee.

HEALTH AND HUMAN SERVICES

HB 40, requiring sanctions against hospitals for failing to report infection rates.

Ought to Pass with Amendment, Vote 5-0.

Senator Gilmour for the committee.

HB 158, relative to the membership on the healthy kids board.

Inexpedient to Legislate, Vote 5-0.

Senator Sgambati for the committee.

JUDICIARY

HB 79, relative to use of the child support guideline worksheet.

Ought to Pass, Vote 5-0.

Senator Houde for the committee.

HB 106, relative to penalties for land use violations.

Ought to Pass, Vote 4-1.

Senator Reynolds for the committee.

HB 118, relative to periodic payments of judgments.

Ought to Pass with Amendment, Vote 5-0.

Senator Reynolds for the committee.

HB 127, relative to treatment of pregnant inmates.

Inexpedient to Legislate, Vote 5-0.

Senator Lasky for the committee.

HB 157, relative to library patron records.

Ought to Pass, Vote 4-0.

Senator Houde for the committee.

HB 230, relative to the burden of proof for a finding of abuse in domestic violence cases.

Re-refer to Committee, Vote 5-0.

Senator Lasky for the committee.

HB 295, relative to mental health treatment for members of the armed forces and veterans convicted of crimes.

Ought to Pass, Vote 5-0.

Senator Letourneau for the committee.

HB 312, permitting a person to record a law enforcement officer in the course of such officer's official duties.

Inexpedient to Legislate, Vote 5-0.

Senator Reynolds for the committee.

HB 322, (New Title) relative to the minimum age required to purchase fireworks.

Ought to Pass with Amendment, Vote 5-0.

Senator Reynolds for the committee.

HB 370, relative to equality of treatment of victims of crime.

Ought to Pass, Vote 4-1.

Senator Houde for the committee.

HB 438, relative to admission into evidence of certain medical bills, reports, and records.

Inexpedient to Legislate, Vote 4-1.

Senator Houde for the committee.

HB 459, relative to access to restorative justice programs by victims of crime.

Ought to Pass, Vote 5-0.

Senator Lasky for the committee.

HB 504, relative to the termination of guardianship of a minor.

Inexpedient to Legislate, Vote 4-0.

Senator Reynolds for the committee.

HB 520, establishing a commission to study the death penalty in New Hampshire.

Ought to Pass with Amendment, Vote 4-1.

Senator Reynolds for the committee.

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

Re-refer to Committee, Vote 4-0.

Senator Letourneau for the committee.

HB 686, relative to complaint procedures in cases before the commission for human rights.

Re-refer to Committee, Vote 5-0.

Senator Reynolds for the committee.

HB 694, adopting the uniform child abduction prevention act.

Inexpedient to Legislate, Vote 4-1.

Senator Reynolds for the committee.

HB 695, adopting the uniform child custody jurisdiction and enforcement act.

Ought to Pass, Vote 5-0.

Senator Roberge for the committee.

PUBLIC AND MUNICIPAL AFFAIRS

HB 96, correcting certain references relating to municipal growth management.

Ought to Pass, Vote 4-0.

Senator Houde for the committee.

HB 239-L, relative to establishing a municipal bond rescission process.

Ought to Pass with Amendment, Vote 5-0.

Senator Houde for the committee.

HB 319, (New Title) authorizing the Concord school district to amend its charter without prior legislative approval.

Ought to Pass with Amendment, Vote 5-0.

Senator Barnes for the committee.

HB 321, delaying the effective date of 2008 SB 342-FN-LOCAL, relative to workforce housing.

Ought to Pass with Amendment, Vote 4-0.

Senator Barnes for the committee.

HB 351, relative to the interest rate on late and delinquent property tax payments and subsequent payments.

Inexpedient to Legislate, Vote 4-0.

Senator Houde for the committee.

HB 446, defining "unnecessary hardship" for purposes of zoning variances.

Re-refer to Committee, Vote 4-0.

Senator DeVries for the committee.

HB 534, relative to the selection of members of zoning boards of adjustment.

Ought to Pass with Amendment, Vote 4-0.

Senator Barnes for the committee.

AMENDMENTS

Health and Human Services

May 26, 2009

2009-1872s

01/10

Amendment to HB 40

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

AN ACT relative to the reporting of hospital infections.

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

1 Hospitals Required to Report. Amend RSA 151:33, IV and V to read as follows:

IV. The commissioner of the department shall [~~establish guidelines, definitions, criteria, standards, and coding~~] adopt rules, pursuant to RSA 541-A, for hospital identification, tracking, and reporting of infections which shall be consistent with the recommendations of recognized centers of expertise in the identification and prevention of infections including, but not limited to the National Health Care Safety Network and the Healthcare Infection Control Practices Advisory Committee of the Centers for Disease Control and Prevention or its successor, the Joint Commission on the Accreditation of Healthcare Organizations, the Centers for Medicare and Medicaid Services, the Hospital Quality Alliance, the National Quality Forum, and the New Hampshire health care quality assurance commission under RSA 151-G.

V. Each hospital shall regularly report to the department hospital acquired infections and the [~~hospital~~] infection data it has collected. Such reporting shall be done in the manner directed by the department in accordance with rules adopted pursuant to RSA 541-A. The commissioner shall establish data collection and analytical methodologies that meet accepted standards for validity and reliability. In no case shall the frequency of reporting be required to be more frequently than once every 3 months, and reports shall be submitted not more than 60 days after the close of the reporting period.

2 New Subparagraph; Hospital Infections; Rulemaking Added. Amend RSA 151:9, I by inserting after subparagraph (n) the following new subparagraph:

(o) The reporting by hospitals of hospital acquired infections and hospital infection data under RSA 151:33.

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

2009-1872s

AMENDED ANALYSIS

This bill requires the commissioner of the department of health and human services to adopt rules in accordance with RSA 541-A relative to the reporting of hospital infections.

Energy, Environment and Economic Development

May 28, 2009

2009-1986s

06/04

Amendment to HB 45

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

AN ACT relative to the water supply land conservation program and establishing a committee to study a proposal by the fish and game department to construct a certain boat ramp.

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 9:

4 Committee Established. There is established a committee to study the need and costs related to the proposal of the fish and game department to construct a public boat ramp on the former Wild Goose property located on Lake Sunapee in Newbury.

5 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, at least one of whom shall be from the resources, recreation and development committee, appointed by the speaker of the house of representatives.

(b) Two members of the senate, at least one of whom shall be from the energy, environment and economic development committee, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

6 Duties. The committee shall study the need and costs related to a proposal by the fish and game department to construct a public boat ramp on the former Wild Goose property located on Lake Sunapee in Newbury. Areas of study shall include, but not be limited to:

I. Environmental impacts on the shoreland and public drinking water supplies.

II. Alternatives to the project as currently proposed.

III. Land use planning considerations.

IV. Public safety and traffic issues.

V. Local municipal concerns.

7 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.

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

2009-1986s

AMENDED ANALYSIS

This bill:

I. Expands the eligibility for water supply land conservation grants to future sources of public drinking water and broadens the definition of grantees to include non-profit land trust organizations.

II. Establishes a committee to study a proposal by the fish and game department to construct a certain boat ramp.

Energy, Environment and Economic Development

May 28, 2009

2009-1983s

01/09

Amendment to HB 102

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

AN ACT relative to the rivers management and protection program and establishing the volunteer river assessment program.

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

1 Excavating and Dredging Permit; Certain Exemptions; Designated River Local River Management Advisory Committee Notification. RSA 482-A:3, I(d), is repealed and reenacted to read as follows:

(d) At the time the permit application is submitted to the city or town clerk the applicant shall:

(1) Provide postal receipts or copies, verifying that abutters, as defined in the rules of the department, and except as further provided in said rules, have been notified by certified mail. The postal receipts or copies shall be retained by the municipality. The town or city clerk shall immediately sign the application and forward by certified mail, the application, plan, map and filing fee to the department. The town or city clerk shall then immediately send a copy of the permit application, plan and map to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and may require an administrative fee not to exceed $10 plus the cost of postage by certified mail. One copy shall remain with the city or town clerk, and shall be made reasonably accessible to the public. The foregoing procedure notwithstanding, applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan and map filed at the same time with the town or city clerk to be distributed as set forth above.

(2) Submit a copy of the permit application to the local river management advisory committee if the project is within a river corridor as defined in RSA 483:4, XVIII, or a river segment designated in RSA 483:15. The local river management advisory committee shall, under RSA 483:8-a, III(a)-(b), advise the commissioner and consider and comment on the permit application.

2 2010 Version; Excavating and Dredging Permit; Certain Exemptions; Designated River Local River Management Advisory Committee Notification. RSA 482-A:3, I(d), is repealed and reenacted to read as follows:

(d) At the time the permit application is submitted to the city or town clerk, the applicant shall:

3 Rivers Management and Protection Program; Statement of Policy. Amend RSA 483:1 to read as follows:

483:1 Statement of Policy. New Hampshire’s rivers and streams comprise one of its most important natural resources, historically vital to New Hampshire’s commerce, industry, tourism, and the quality of life of New Hampshire people. It is the policy of the state to ensure the continued viability of New Hampshire rivers as valued ecologic, economic, public health and safety, and social assets for the benefit of present and future generations. The state shall encourage and assist in the development of river corridor management plans and regulate the quantity and quality of instream flow along certain protected rivers or segments of rivers to conserve and protect outstanding characteristics including recreational, fisheries, wildlife, environmental, hydropower, cultural, historical, archaeological, scientific, ecological, aesthetic, community significance, agricultural, and public water supply so that these valued characteristics shall endure as part of the river uses to be enjoyed by New Hampshire people. If conflicts arise in the attempt to protect all valued characteristics within a river or stream, priority shall be given to those characteristics that are necessary to meet state water quality standards.

4 New Paragraph; Definitions. Amend RSA 483:4 by inserting after paragraph XVI the following new paragraph:

XVI-a. “Restore” means return of an ecosystem to a close approximation of its natural condition.

5 Definitions. Amend RSA 483:4, XVII to read as follows:

XVII. “River” means a flowing body of water including the tidal mouth of rivers whose salinity, flow, or level is influenced by the tides, or a segment or tributary of such water body.

6 Acceptance and Expenditure of Funds. Amend RSA 483:13, II and III to read as follows:

II. [The rivers coordinator, with the approval of the commissioner and the advisory committee, may expend any funds received under paragraph I for the purposes of this chapter, and such funds are hereby appropriated.] There is hereby established in the office of the state treasurer a fund to be known as the rivers management and protection fund. The fund shall be nonlapsing and continually appropriated to the commissioner for the purposes of this chapter and RSA 487:38 – RSA 487:42.

III. [Local river management advisory committees may apply for and accept, from any source, gifts, grants, and donations of money. The committees may, without further authorization, expend any funds so received to carry out their duties pursuant to RSA 483:8-a.] The commissioner may expend any funds deposited in the rivers management and protection fund for the purposes of this chapter and RSA 487:38 – RSA 487:42, and such funds are hereby continually appropriated.

7 Nomination; Criteria. Amend RSA 483:6, I to read as follows:

I. Any New Hampshire organization or resident may nominate a river or any segment or segments of such river for protection by submitting to the commissioner a description of the river or segment or segments of such river and its values and characteristics. The completed nomination shall be submitted to the rivers coordinator on or before June 1 in order for it to be considered in the next legislative session. This nomination shall include, but not be limited to, an assessment of fisheries; geologic and hydrologic features; vegetation; wildlife; historical and archaeological features; open space and recreation features and potential; water quality and quantity; dams, hydropower generation, buildings, and other manmade structures; riparian interests and public water supply, including flowage rights known by the nominating individual or group, and other pertinent instream and riverbank and tributary drainage area information. The nominating party shall hold at least one public meeting on the information prior to final submittal to the commissioner. The department shall encourage the nominating party to include tributary drainage area information in the nomination. The nominating party shall advertise the meeting in cooperation with the rivers coordinator and shall give written notice to the governing body of any municipality where segments of the river are located. The rivers coordinator shall provide assistance to the nominating party in the presentation of the nomination at the public meeting.

8 Rivers Management Advisory Committee; Establishment. Amend the introductory paragraph of RSA 483:8 to read as follows:

483:8 Rivers Management Advisory Committee; Establishment. There is established a rivers management advisory committee appointed by the governor and council. [~~At least 3 committee members shall represent the North Country and~~] All members shall be New Hampshire residents and the department shall request that nominating organizations select nominees representing diverse geographic areas of the state.

9 Rivers Management Advisory Committee; Establishment. Amend RSA 483:8, II-VI to read as follows:

II. The director of the office of energy and planning, the executive director of the fish and game department, the commissioner of resources and economic development, the commissioner of the department of transportation, the commissioner of the department of safety, and the commissioner of the department of agriculture, markets, and food or their designees shall serve as nonvoting members of the committee.

III. The terms of state agency members shall be the same as their terms in office. The members shall serve 3-year terms[~~, except that the terms of the initial members appointed under subparagraphs I(a), (d), and (g) shall be one year, and those appointed under subparagraphs I(b), (e), and (h) shall be 2 years~~].

IV. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Members may hold office until their successors are appointed and confirmed.

V. [~~The commissioner shall convene the first meeting no later than September 15, 1988.~~] The committee shall elect a chairman and vice chairman. Subsequent meetings shall be at the call of the chair, or at the request of 5 or more committee members. The rivers coordinator under RSA 483:3 shall serve as secretary and staff to the committee.

[V.] VI. The advisory committee shall report biennially and advise the commissioner [~~and~~], rivers coordinator, state agencies, and the general court in implementing the purposes of this chapter.

[~~VI.~~] VII. No state-owned property adjacent to or providing access to a river or river segment shall be recommended for disposal by the council on resources and development, long range capital planning and utilization committee, or the governor and executive council except upon the review and recommendation of the advisory committee established under this section.

VIII. When attending to the duties of the committee, appointed members of the committee shall be eligible to receive mileage at the state employee rate, within the limits of the department’s appropriations.

10 Local River Management Advisory committees; Establishment; Duties. Amend RSA 483:8-a, II and III to read as follows:

II. Each committee shall be composed of at least 7 members who represent a broad range of interests in the vicinity of the designated river or segment. These interests shall include, but not be limited to, local government, business, conservation interests, recreation, agriculture, and riparian landowners. If an interest is not represented by the local governing bodies’ nominations, the commissioner may appoint a member from the vicinity of the designated river or segment, to the local river management advisory committee who will represent that interest. County commissioners shall be permitted to nominate members to the local river management advisory committee in unincorporated towns or unorganized places. Upon the request of the committee, local governing bodies or county commissioners within tributary drainage areas may submit nominees for appointment. Each member shall serve a term of 3 years.

III. The duties of such committees shall be:

(a) To advise the commissioner, the advisory committee, [~~and~~] the municipalities through which the designated river or segment flows, and municipalities within tributary drainage areas on matters pertaining to the management of the river or segment and tributary drainage areas. Municipal officials, boards, and agencies shall inform such committees of actions which they are considering in managing and regulating activities within designated river corridors.

(b) To consider and comment on any federal, state, or local governmental plans to approve, license, fund or construct facilities that would alter the resource values and characteristics for which the river or segment is designated.

(c) To develop or assist in the development and adoption of local river corridor management plans under RSA 483:10. The local planning board, or, in the absence of a planning board, the local governing body, may adopt such plans pursuant to RSA 675:6 as an adjunct to the local master plan adopted under RSA 674:4. No such plan shall have any regulatory effect unless implemented through properly adopted ordinances.

(d) To report [~~annually~~] biennially to the advisory committee and the commissioner, and annually to municipalities on the status of compliance with federal and state laws and regulations, local ordinances, and plans relevant to the designated river or segment [~~and~~], its corridor, and tributary drainage areas.

III-a. Local river management advisory committees may apply for and accept, from any source, gifts, grants, and other donations of money or services that directly assist the committee in meeting its duties, programs, and projects. The committees may, without further authorization, expend any funds so received to carry out their duties under this section.

11 Natural Rivers Protection. Amend RSA 483:9, III to read as follows:

III. No channel alteration activities shall be permitted[~~, except that~~]. The commissioner may approve [~~temporary~~] channel alterations [~~in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated.~~] as follows:

(a) Temporary channel alterations in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated; or

(b) Permanent alterations that restore the channel’s geomorphic characteristics to its more natural condition.

12 Rivers Corridor Management Plans. Amend RSA 483:10, I to read as follows:

I. The rivers coordinator, with the cooperation and assistance of the office of energy and planning, shall develop detailed guidelines for river corridor management plans[~~, including but not limited to model shoreline protection ordinances. The rivers coordinator shall hold a public hearing regarding the proposed guidelines and model ordinances~~]. The rivers coordinator shall provide technical assistance to regional planning commissions, municipalities, and [~~river corridor commissions~~] local river management advisory committees and shall encourage the development and implementation of river corridor management plans.

13 New Paragraph; Rivers Corridor Management Plans. Amend RSA 483:10 by inserting after paragraph III the following new paragraph:

IV. State agencies shall collaborate with and assist the rivers coordinator and the local river management advisory committee in the development and implementation of river corridor management plans.

14 State Action; Notification of Rivers Coordinator; Petition for Review. Amend RSA 483:12-a, I to read as follows:

I. Any state agency considering any action affecting any river or segment designated under this chapter shall notify the rivers coordinator prior to taking any such action. Such agency shall forward to the rivers coordinator for review and comment copies of all notices of public hearings, or, where a public hearing is not required, a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application.

15 Rivers Management and Protection Fund Established. Amend RSA 483:13 to read as follows:

483:13 Acceptance and Expenditure of Funds.

I. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited in the fund established under paragraph II.

III. [Local river management advisory committees may apply for and accept, from any source, gifts, grants, and donations of money. The committees may, without further authorization, expend any funds so received to carry out their duties pursuant to RSA 483:8-a.] The commissioner may expend any funds deposited in the rivers management and protection fund for the purposes of this chapter, and such funds are hereby continually appropriated.

IV. The commissioner shall submit a biennial report by October 1 to the speaker of the house of representatives, the senate president, the chairperson of the house resources, recreation and development committee, the chairperson of the senate energy, environment, and economic development committee, and the state library summarizing all receipts and disbursements of the rivers management and protection fund, including a description of all projects or activities undertaken. Each report shall be in such detail with sufficient information to be fully understood by the general court and the public. After submission to the general court, the report shall be available to the public.

16 Disposition of State Property. Amend RSA 483:14 to read as follows:

483:14 Disposition of State Property.

I. No state-owned property adjacent to or providing access to a river shall be disposed of by the state except upon the review and recommendation of the advisory committee.

II. No state-owned property included in a long-range river management plan shall be disposed of by the state except upon the review and recommendation of the advisory committee.

17 New Subparagraph; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:

(277) Moneys deposited in the rivers management and protection fund established in RSA 483:13.

18 Rulemaking. Amend RSA 483:11, I and II to read as follows:

I. Content and submission of nominations including requirements and criteria for river segments whose salinity, flow, or level is influenced by tides at its tidal mouth, under RSA 483:6, I.

II. Criteria for acceptance of nominations by the commissioner, including criteria listed in RSA 483:6, IV(a) and the downstream extent for river segments whose salinity, flow or level is influenced by tides at its tidal mouth.

19 New Subdivision; New Hampshire Volunteer River Assessment Program. Amend RSA 487 by inserting after section 37 the following new subdivision:

New Hampshire Volunteer River Assessment Program

487:38 Volunteer River Assessment Program Established. There is established within the department of environmental services the New Hampshire volunteer river assessment program to provide:

I. Water quality and related environmental data to the state and federal governments to define water quality trends;

II. Data for river protection, management, and restoration programs;

III. Information to classify New Hampshire waters; and

IV. Data for surface water assessment reports.

487:39 Purpose. The general court finds that landscape changes and recreational and other uses of rivers and their watersheds have placed increasing stress upon the state’s rivers, posing a threat to water quality and the continued support of designated uses. The general court recognizes the need for adequate data to identify the status of and trends in water quality as a basis for action, to restore, preserve, and maintain the state’s rivers so that these significant environmental, recreational, and economic assets will continue to benefit the social and economic well-being of the state’s citizens and support healthy ecosystems.

487:40 Duties of the Department. To the extent that funds are available, the department shall:

I. Assist volunteer organizations in monitoring the water quality of rivers and streams;

II. Provide technical assistance to local river management advisory committees, watershed organizations, municipalities, educational facilities, and the general public for the purpose of monitoring river water quality;

III. Educate citizens about the need for and the methods of sampling river and stream waters and the importance of keeping the state’s waters clean;

IV. Provide the water quality data obtained by volunteers to other state programs that administer water quality programs; the federal government, including the Environmental Protection Agency; and municipalities;

V. Provide volunteer monitoring organizations with an annual monitoring report that includes historical data, trends, and recommendations to keep a river or stream within the water quality standards; and

VI. Lend sampling equipment to volunteer monitoring organizations as needed.

487:41 Volunteer River Assessment Program Coordinator. There is established in the department of environmental services a state volunteer river assessment program coordinator who shall be a classified employee qualified by reason of education and experience and who shall administer the New Hampshire volunteer river assessment program.

487:42 Acceptance and Expenditure of Funds. The commissioner may apply for and accept gifts, donations of money, federal, municipal, or private grants, or other funds or incentives from any source. The funds accepted under this section shall be paid into the rivers management and protection fund established under RSA 483:13. The commissioner may expend such funds for the purposes of this subdivision.

20 Instream Flow Pilot Program; Reporting Date Extended. Amend 2002, 278:2, III as amended by 2003, 319:48 and 2008, 5:2 to read as follows:

III. The commissioner of the department of environmental services shall initiate and adopt rules pursuant to RSA 541-A for other rivers designated under RSA 483:15 only after the adoption and implementation of the rules relative to protected instream flows pursuant to RSA 483:9-c for the Lamprey and Souhegan rivers and completion of the report required under section 3, III(d) of this act, [~~but not before~~] by December 1, [~~2010~~] 2012.

21 Instream Flow Pilot Program; Reporting Date Extended. 2002, 278:3, III as amended by 2003, 319:49, and 2008, 5:3 is repealed and reenacted to read as follows:

III. The commissioner of the department of environmental services shall:

(a) By September 1, 2010, adopt and implement the protected instream flows and water management plans relative to the Lamprey River and the Souhegan River.

(b) Two years after the adoption and implementation of the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River, submit a report that includes the projected impacts of the protected instream flows and water management plans to be implemented on water users, wildlife, recreation, and other interests along the rivers, and any recommendations for proposed legislation. Within 60 days of the submission of such report, the department shall hold a public hearing jointly with the senate energy, environment and economic development committee and the house resources, recreation and development committee and provide a public comment period of 30 days. The department shall consider the public comments received when formulating any revisions to the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River.

(c) By December 1, 2012, submit a report that details the activities and results of the pilot program, including the impacts of the protected instream flows and water management plans on water users, wildlife, recreation, and other interests along the rivers and any recommendations for proposed legislation. The report shall also include a summary of public comments received and the completed instream flow studies and the adopted protected instream flow levels and water management plans and shall be submitted to the senate president, the speaker of the house of representatives, the governor, and the state library.

22 Committee to Study the Impact of Water Withdrawals on Instream Flows: Report Date Extended. Amend 2000, 242:5 as amended by 2001, 138:6, 2002, 278:6, 2003, 319:50, and 2008, 5:4 to read as follows:

242:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2010.

23 Effective Date.

I. Section 2 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.

2009-1983s

AMENDED ANALYSIS

This bill:

I. Clarifies certain provisions of the rivers management and protection program, the membership on advisory committees, and the funding of programs.

II. Establishes the New Hampshire volunteer river assessment program.

III. Extends certain reporting dates for the instream flow plot program.

Senate Judiciary

May 28, 2009

2009-1982s

09/04

Amendment to HB 118

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

AN ACT relative to periodic payments of judgments, relative to informational filings by pooled risk management programs, and repealing a provision regarding trial de novo in the superior court for violations of securities laws.

Amend the bill by replacing all after section 1 with the following:

2 Pooled Risk Management Programs; Information Filing Required. Amend RSA 5-B:4 to read as follows:

5-B:4 Informational Filing Required; Fee. Pooled risk management programs established for the benefit of political subdivisions shall make an informational [~~only~~] filing, as defined in RSA 5-B:2, II, with the department and shall pay an annual filing fee of $150. [Nothing contained in this chapter shall be construed as enabling the department to exercise any rulemaking, regulatory or enforcement authority over any pooled risk management program formed or affirmed in accordance with this chapter.] The department may make requests for additional information necessary to exercise regulatory or enforcement authority pursuant to, but not limited to, the hearings procedures under RSA 421-B:26-a over any pooled risk management program formed or affirmed in accordance with this chapter. Pooled workers' compensation and unemployment compensation programs which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments.

3 Repeal. RSA 421-B:26, VII, relative to trial de novo in the Merrimack county superior court for violations of securities laws, is repealed

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

2009-1982s

AMENDED ANALYSIS

This bill grants a judge discretion to find that a failure to make periodic payments of a judgment is not civil contempt of court.

The bill permits the department of state to make requests for additional information from pooled risk management programs making informational filings.

This bill also repeals a provision entitling certain persons to a trial de novo in the Merrimack county superior court for violations of securities laws.

Senate Executive Departments and Administration

May 27, 2009

2009-1919s

05/10

Amendment to HB 131

Amend RSA 621-A:11 as inserted by section 1 of the bill by replacing it with the following:

621-A:11 Duties of the Advisory Board.

I. The advisory board shall act in an advisory capacity to assist the commissioner of the department of health and human services relative to juvenile justice programs and services provided to children at the youth development center and [~~the youth services center~~] and other juvenile justice facilities. The board may also provide advice and input on fiscal and budgetary matters related to such facilities, the availability of state and federal grants, business partnerships, and other funding sources available to the department for such facilities.

I-a. The board shall seek information from the director of the division of juvenile justice services in the department of health and human services concerning the successes and challenges relative to the state’s juvenile justice programs and services.

I-b. The board shall be available to address emergent issues identified by the commissioner of health and human services, the director of the division of juvenile justice services, the chair of the advisory board, or any board member. In furtherance of this paragraph, the board may solicit comments from the public or any other entities as it deems appropriate.

II. Beginning in December [~~2000~~] 2010, and [~~annually~~] biennially thereafter, the board shall submit a written report to the speaker of the house, the president of the senate, [~~and~~] the governor, [~~detailing~~] and the following legislative committees: the house children and family law committee, the house criminal justice and safety committee, and the senate judiciary committee. The report shall detail the activities of the board and any recommendations made by the board to the department relative to juvenile justice services.

2009-1919s

AMENDED ANALYSIS

This bill adds new members to the juvenile justice advisory board and amends the board’s meeting and reporting requirements.

Energy, Environment and Economic Development

May 28, 2009

2009-1988s

06/01

Amendment to HB 229

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

AN ACT clarifying the eligibility requirements for class IV renewable energy generating facilities and relative to renewable energy certificates.

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

1 Electric Renewable Energy Classes. Amend RSA 362-F:4, IV to read as follows:

IV.(a) Class IV (Existing Small Hydroelectric) shall include the production of electricity from hydroelectric energy, provided the [~~source~~] facility began operation prior to January 1, 2006, has a [~~gross~~] total nameplate capacity of 5 MWs or less as measured by the sum of the nameplate capacities of all the generators at the facility, has actually installed both upstream and downstream diadromous fish passages [~~that have been required and approved under the terms of its license or exemption from~~] and such installations have been approved by the Federal Energy Regulatory Commission, and when required, has documented applicable state water quality certification pursuant to section 401 of the Clean Water Act for hydroelectric projects.

(b)(1) Notwithstanding subparagraph (a), the commission shall re-certify as class IV renewable energy sources the facilities named in commission order numbers 24,940 and 24,952. These facilities are:

(A) The Canaan, Gorham, Hooksett, and Jackman hydroelectric facilities owned by Public Service Company of New Hampshire, which had been previously certified by the commission on September 23, 2008; and

(B) The North Gorham and Bar Mills projects owned by FPL Energy Maine Hydro, LLC which had been previously certified by the commission on October 30, 2008.

(2) These facilities shall not qualify or be certified as class IV renewable energy sources after March 23, 2009, unless they meet the requirements of subparagraph (a). Such facilities shall be eligible for class IV renewable energy certificates for all electricity generated between the effective date of each facility’s original certification by the commission through March 23, 2009. Such certificates shall have the same validity as any other class IV certificate issued under RSA 362-F, and may be sold, exchanged, banked, and utilized accordingly.

2 Renewable Energy Certificates. Amend the introductory paragraph of RSA 362-F:6, IV(a) to read as follows:

IV.(a) Certificates issued for purposes of complying with this chapter shall come from sources within the New England control area unless the source is located in a synchronous control area adjacent to the New England control area and the energy produced by the source is actually delivered into the New England control area for consumption by New England customers. The delivery of such energy from the source into the New England control area shall be verified by:

3 Renewable Energy Fund. Amend RSA 362-F:10, VI to read as follows:

VI. Such payments shall be allocated from the renewable energy fund established in paragraph I, as determined by the commission [~~to the extent funding is available, up to a maximum aggregate payment of 10 percent of the fund per year~~].

4 New Hampshire Code of Administrative Rules Puc 2600; Extension. The expiration date of the New Hampshire Code of Administrative Rules Puc 2600 is hereby extended from June 30, 2009 to December 31, 2009 or such earlier date that final rules may be adopted.

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

2009-1988s

AMENDED ANALYSIS

This bill:

I. Clarifies certain eligibility requirements for class IV renewable energy generating facilities.

II. Extends the expiration date of the New Hampshire Code of Administrative Rules Puc 2600.

Public and Municipal Affairs

May 28, 2009

2009-1956s

06/01

Amendment to HB 239-LOCAL

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

AN ACT relative to establishing a municipal bond rescission process and relative to authorizing governing bodies to call a special meeting to consider reduction or rescission of appropriations.

Amend the bill by replacing all after section 3 with the following:

4 Special Meetings; Reduction or Rescission of 2009 Appropriations. Notwithstanding any other provision of law, in response to anticipated reductions in state revenues to political subdivisions, the governing body of any town, school district, or village district, including those that have adopted RSA 40:13, may call a special meeting of the legislative body to consider reduction or rescission of appropriations made at the annual meeting for the fiscal year beginning January 1, 2009 or July 1, 2009, as the case may be, subject to the following:

I. The governing body of any town, village district, or school district that has adopted the provisions of RSA 40:13 may elect to hold and conduct the meeting in accordance with the provisions of this section and without regard to the provisions of RSA 40:13. A special meeting under this section shall not be petitioned under RSA 39:3 and no petitioned warrant articles shall be inserted in the warrant.

II. The governing body’s warrant shall specify, in one or more articles, the amounts of appropriations proposed for reduction or rescission from the operating budget or separate warrant articles, or both, adopted by the 2009 annual meeting.

III. The governing body shall hold a public hearing on the proposed reductions or rescissions at least 14 days prior to the meeting. Notice of the time, place, and subject of such hearing shall be posted in at least 2 public places within the political subdivision, one of which shall be on the political subdivision’s website, if such exists, at least 7 days prior to the hearing.

IV. The governing body of such town, village district, or school district shall post a notice of the meeting, which shall include the warrant, in at least 2 public places within the political subdivision, one of which shall be on the political subdivision’s website, if such exists, at least 7 days prior to the meeting. Additional notice shall be published in a newspaper of general circulation in the political subdivision, provided that if there is no newspaper of general circulation in which notice can be published at least 7 days before the date of the meeting, public notice shall be posted in at least one additional place within the political subdivision.

V. The meeting shall be conducted in accordance with RSA 40:1 through RSA 40:11. The most recently updated checklist shall be used.

VI. The legislative body may approve or disapprove any proposed reduction or rescission of appropriations, or may approve lesser reductions, but the legislative body may not approve greater reductions, increase appropriations, reduce or rescind an appropriation not specified in the warrant, or act on any other business at the meeting.

VII. Except as provided in this section, provisions of the following chapters of the RSAs, as they apply to special meetings of the legislative bodies of towns, school districts, and village districts, shall not be required for special meetings held pursuant to this section: RSA 31, RSA 32, RSA 39, RSA 49-D, RSA 52, RSA 197, RSA 654, RSA 669, RSA 670, and RSA 671.

5 Effective Date.

I. Sections 1-3 of this act shall take effect January 1, 2010.

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

2009-1956s

AMENDED ANALYSIS

This bill:

I. Establishes a municipal bond rescission process for bonds and notes.

II. Authorizes governing bodies to call a special meeting to consider reduction or rescission of appropriations to offset reductions in state revenue to political subdivisions.

Senate Finance

May 28, 2009

2009-1967s

08/09

Amendment to HB 296-FN-A

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

AN ACT increasing fees and transferring funds related to oil discharge prevention and cleanup, and authorizing an oil fund performance audit.

Amend the bill by inserting after section 1 the following and renumbering the original sections 2-3 to read as 3-4, respectively:

2 Increase in Fuel Oil Import Fees. RSA 146-E:3 is repealed and reenacted to read as follows:

146-E:3 Fund Established; Collection.

I. There is established a fuel oil discharge cleanup fund, which shall be administered by the oil fund disbursement board established under RSA 146-D:4. This fund shall be used to reimburse costs incurred in the prevention and cleanup of fuel oil discharges in the waters and soils of the state, including administrative, technical, and legal support required by the oil fund disbursement board in administrating the fund, and in paying third party damages.

II. A fee of $.01 per gallon of fuel oil shall be assessed at the time of importation into this state. An additional fee of $.0025 per gallon of fuel oil shall be assessed on imports after July 1, 2009. Assessment of this additional fee shall be discontinued if the fiscal committee of the general court, in annual consultation with the oil fund disbursement board, determines that it is no longer necessary to accomplish the purpose of the fuel oil discharge cleanup fund stated in RSA 146-E:1.

III. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of fuel oil fees which shall be collected and enforced in the manner described in RSA 146‑D:3, III and V. All fee revenues shall be deposited in the fuel oil discharge cleanup fund. If the fund’s balance becomes greater than $2,500,000, the assessment of fees shall be discontinued and only reestablished when the fund’s balance is less than $1,500,000. Until the fund balance reaches $2,000,000, at least 50 percent of the fees collected shall be allocated for reimbursements to on-premise-use facility owners and owners of land upon which on-premise-use facilities are located and for the administrative, technical, and legal support associated with such reimbursements.

IV. Moneys collected for the fund shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.

2009-1967s

AMENDED ANALYSIS

This bill increases fees and transfers funds related to oil discharge prevention and cleanup and authorizes a performance audit of oil funds administered by the oil fund disbursement board and the related programs of the department of environmental services for clean up of petroleum contamination.

Senate Executive Departments and Administration

May 26, 2009

2009-1882s

10/03

Amendment to HB 297

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

5 Time Limit; Non-Expiration of Certain Rules. RSA 541-A:17, II is repealed and reenacted to read as follows:

II. Notwithstanding the provisions of paragraph I, any organizational and procedural rules proposed and adopted pursuant to RSA 541-A:16, I and as identified in the drafting and procedure manual, and any forms adopted pursuant to RSA 541-A:19-b or RSA 541‑A:19-c shall not expire, provided that they have been approved by the committee. No changes to such organizational and procedural rules or forms may be made by the agency, other than editorial changes not affecting the substance of the procedural rules or forms, without following the rulemaking procedures in this chapter. However, if the adoption or amendment of a statute governing the agency renders the agency’s organizational and procedural rules or forms no longer accurate, such rules or forms shall expire one year after the effective date of the statute that makes such change, unless such organizational and procedural rules or forms are amended, superseded, or repealed before such expiration. The agency shall commence rulemaking to amend its rules no later than 90 days after the effective date of such statute. If the agency reorganizes its organization and responsibilities in such a way that the agency’s rules under RSA 541-A:16, I(a) describing its organization are no longer accurate, the agency shall amend its rules as soon as is practicable, but shall commence rulemaking not later than 90 days after such changes occur.

6 Revision of Drafting and Procedure Manual. The director of legislative services shall develop revisions or amendments to the drafting and procedure manual for approval by the joint legislative committee on administrative rules, as provided in RSA 541-A:8, addressing the provisions of this act relating to the requirements applicable to forms and organizational and procedural rules which do not expire as provided in RSA 541-A:17, II.

7 Application. The provisions of this act shall govern the following on or after the effective date of this act:

I. All rulemaking initiated by filing a notice of rulemaking under RSA 541-A:6 or RSA 541-A:19-c.

II. All emergency rules adopted under RSA 541-A:18.

III. All interim rules initiated by filing a proposed interim rule under RSA 541-A:19, II.

IV. All expedited repeals initiated by filing a notice under RSA 541-A:19-a.

8 Effective Date. This act shall take effect 60 days after its passage.

Public and Municipal Affairs

May 28, 2009

2009-1961s

04/05

Amendment to HB 319

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

AN ACT establishing a commission to study the Concord Union school district charter.

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

1 Commission Established. There is established a commission to study the Concord Union school district charter.

2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Two members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a resident of the Concord Union school district.

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

(d) One member of the Concord school board, appointed by the chairman of the Concord school board.

(e) The mayor of the city of Concord.

(f) One member of the Concord city council, appointed by the mayor of the city of Concord.

(g) Five citizens who reside in the Concord Union school district, appointed by the Concord city manager.

(h) One member of a Concord elementary school parent-teacher organization, appointed by the chairman of the Rundlett middle school parent-teacher organization.

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

3 Duties. The commission shall study the historical relationship between the general court and the Concord Union school district and evaluate whether and in what manner the present legislative school district charter should be preserved, amended, or terminated in favor of a new school district charter.

4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 60 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

5 Report. Following one or more public hearings held within the Concord Union school district as determined by the commission, the commission shall report its findings and recommendations on the subject of its duties to the speaker of the house of representatives, the president of the senate, the chairman of the Concord school board, the mayor of the city of Concord, and the state librarian no later than November 1, 2010.

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

2009-1961s

AMENDED ANALYSIS

This bill establishes a commission to study the Concord Union school district charter.

Public and Municipal Affairs

May 28, 2009

2009-1954s

03/04

Amendment to HB 321

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

AN ACT delaying the effective date of 2008 SB 342-FN-LOCAL, relative to workforce housing, and authorizing an appropriations reduction by the union school district of Keene.

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

2 Union School District of Keene; Appropriations Reduction Authorized. The union school district of Keene is hereby authorized to reduce total operating budget appropriations for fiscal year 2009-10 by $615,000, notwithstanding the approval of question 4 at the March 10, 2009 school district meeting. The district shall submit a revised report of appropriations to the department of revenue administration pursuant to RSA 198:4-a.

2009-1954s

AMENDED ANALYSIS

This bill delays for 6 months the effective date of 2008 SB 342-FN-LOCAL, relative to workforce housing. This bill also authorizes the union school district of Keene to reduce total operating budget appropriations for fiscal year 2009-10 by $615,000.

Senate Judiciary

May 27, 2009

2009-1901s

05/01

Amendment to HB 322

Amend RSA 160-C:2, II(a) as inserted by section 1 of the bill by replacing it with the following:

(a) To any person less than 21 years of age, unless the person is between 18 and 21 years of age and is on active duty with the United States armed forces or has been called to active service as a member of the state guard; or

2009-1901s

AMENDED ANALYSIS

This bill allows active duty members of the armed forces and members of the state guard, between the ages of 18 and 21, to purchase fireworks.

Commerce, Labor and Consumer Protection

May 26, 2009

2009-1861s

01/03

Amendment to HB 330

Amend the bill by replacing section 1 with the following:

1 Insurance; Dependent Children. Amend RSA 415:5, I(3)(a) to read as follows:

(3)(a) It purports to insure only one person, except that a policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children [~~or any dependent under age 26. In this section “dependent child” means a subscriber’s child by blood or by law, who:~~], or any other person dependent on the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is unmarried and one of the following:

[~~(1) Is less than 26 years of age;~~

~~(2) Is unmarried;~~

~~(3) Is a resident of New Hampshire or is enrolled as a student at a public or private institution of higher education; and~~

(4) Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. 1395 et seq. ]

(1) Under age 19.

(2) Under age 25 if the child is a full-time enrolled student at an educational institution.

(3) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. sections 1395 et seq.

Amend the bill by replacing all after section 8 with the following:

9 Health Service Corporations; Dependent Coverage. RSA 420-A:10-a, I is repealed and reenacted to read as follows:

I. A policy may, at the election of the carrier, insure, originally or by subsequent amendment, upon application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including husband, wife, dependent children, or any other person dependent upon the policyholder. In the event a carrier elects to provide coverage for dependent children, the term “dependent child” shall include a subscriber’s child by blood or by law, who is unmarried and one of the following:

(a) Under age 19.

(b) Under age 25 if the child is a full-time enrolled student at an educational institution.

(c) Under age 26, a resident of New Hampshire, and is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group or individual health benefits plan, group health plan, church plan, or health benefits plan, or entitled to benefits under Title XVIII of the Social Security Act, Public Law 89-97, 42 U.S.C. sections 1395 et seq.

I-a. The coverage of any family member insured by such policy, pursuant to paragraph I, who is mentally or physically incapable of earning his or her own living as of the date on which such dependent’s status as a covered family member would otherwise expire because of age, shall continue under such policy while such policy remains in force or is replaced by another policy as long as such incapacity continues and as long as such dependent remains chiefly financially dependent on the policyholder or the employee or his or her estate is chargeable for the care of such dependent; provided, that due proof of such incapacity is received by the insurer within 31 days of such expiration date. If such coverage is continued in accordance with this paragraph, such dependent shall be entitled upon the termination of such incapacity to coverage offered by the New Hampshire high risk pool under RSA 404-G.

10 Health Maintenance Organizations; Dependent Coverage. RSA 420-B:8, III-b is repealed and reenacted to read as follows:

III-b. The coverage of any family member insured by such policy, pursuant to RSA 420-B:8-aa, I, who is mentally or physically incapable of earning his or her own living as of the date on which such dependent’s status as a covered family member would otherwise expire because of age, shall continue under such policy while such policy remains in force or is replaced by another policy as long as such incapacity continues and as long as such dependent remains chiefly financially dependent on the policyholder or the employee or his or her estate is chargeable for the care of such dependent; provided, that due proof of such incapacity is received by the insurer within 31 days of such expiration date. If such coverage is continued in accordance with this paragraph, such dependent shall be entitled upon the termination of such incapacity to coverage offered by the New Hampshire high risk pool under RSA 404-G.

11 Health Maintenance Organizations; Dependent Coverage. RSA 420-B:8-aa, I is repealed and reenacted to read as follows:

(a) Under age 19.

(b) Under age 25 if the child is a full-time enrolled student at an educational institution.

12 New Paragraph; Coverage for Mental and Nervous Conditions. Amend RSA 420-B:8-b by inserting after paragraph IV the following new paragraph:

V. The commissioner may adopt rules, under RSA 541-A, as may be necessary to effectuate any provisions of the Mental Health Parity Act of 2008 that relate to the business of insurance.

13 Preferred Provider Agreements; Dependent Coverage. RSA 420-C:4-a, I is repealed and reenacted to read as follows:

(a) Under age 19.

(b) Under age 25 if the child is a full-time enrolled student at an educational institution.

14 Delta Dental Plan; Dependent Coverage. RSA 420-F:5-a, I is repealed and reenacted to read as follows:

(a) Under age 19.

(b) Under age 25 if the child is a full-time enrolled student at an educational institution.

15 Small Group Insurance. Amend RSA 420-G:5, I to read as follows:

I. Health carriers providing health coverage for individuals may perform medical underwriting, including the use of health statements or screenings or the use of prior claims history, to the extent necessary to establish or modify premium rates as provided in RSA 420-G:4. [Small group carriers shall use the standard reinsurance underwriting form for their reinsurance ceding decisions to the New Hampshire small employer health reinsurance pool, established in RSA 420-K:2, after premium prices have been agreed upon by the carrier and the small employer.]

16 New Paragraph; Small Group Insurance. Amend RSA 420-G:6 by inserting after paragraph V the following new paragraph:

V-a. Health carriers shall not underwrite insureds at time of renewal unless an insured has applied for an increase in his or her coverage.

17 Managed Care; Prompt Payment. Amend RSA 420-J:8-a, V to read as follows:

V. The commissioner may assess an administrative fine against any health carrier or may suspend or revoke the license or certificate of authority of any health carrier after determining that the health carrier has established a pattern of overdue payments and that the contemplated enforcement action would not promote the deterioration of the financial condition of an at-risk insurer. Such fine shall [~~be up to $5,000 per violation,~~] not [to] exceed [~~$100,000~~] $300,000 per calendar year examined. Nothing in this paragraph shall be construed to alter the commissioner’s authority to investigate or take action, including, but not limited to, action pursuant to RSA 415:20, in response to individual instances of noncompliance.

18 Managed Care; Dependent Coverage. RSA 420-J:8-d, I is repealed and reenacted to read as follows:

(a) Under age 19.

(b) Under age 25 if the child is a full-time enrolled student at an educational institution.

19 Effective Date. This act shall take effect 60 days after its passage.

Senate Executive Departments and Administration

May 27, 2009

2009-1923s

10/01

Amendment to HB 335

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

AN ACT relative to the state retiree health plan commission and the Mount Washington commission.

Amend RSA 100-A:56, I as inserted by section 1 of the bill by inserting after subparagraph (e) the following new subparagraphs:

(f) One retired state employee under the age of 65 years, appointed by the president of the senate.

(g) One retired state employee under the age of 65 years, appointed by the speaker of the house of representatives.

Amend RSA 100-A:56, III(b) as inserted by section 1 of the bill by replacing it with the following:

(b) Ensure that an actuarial valuation report is completed by a qualified, independent actuary and submitted to the house and senate executive departments and administration committees, the house and senate finance committees, the speaker of the house of representatives, the president of the senate, and the governor, on or before December 1 of every even-numbered year.

Amend RSA 100-A:56, IV as inserted by section 1 of the bill by replacing it with the following:

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the member appointed by the speaker of the house of representatives. The first meeting of the commission shall be held within 45 days of the effective date of this section. [~~Three~~] Five members of the commission shall constitute a quorum. The terms of the members of the commission shall be coterminous with their terms of office.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

2 State Retiree Health Plan Commission; Additional Study and Report. The state retiree health plan commission established in RSA 100-A:56 shall conduct, in addition to its duties under RSA 100-A:56, III, a study of the impact of changing the current policy for retired state employees under the age of 65 years and shall report its findings and any recommendations for proposed legislation to the house and senate executive departments and administration committees, the house and senate finance committees, 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.

3 Mount Washington Commission; Membership Group; Citadel Broadcasting. Amend RSA 227-B:3, II to read as follows:

II. One member from each of the following groups shall be appointed through the concurrence of their boards of directors: the Mount Washington Auto Road; the Mount Washington Observatory; [~~Mount Washington TV, Inc.~~] Citadel Broadcasting; and the Mount Washington Cog Railway.

2009-1923s

AMENDED ANALYSIS

This bill adds 2 legislative members and 2 retired state employees under 65 years of age to the state retiree health plan commission under RSA 100-A:56 and requires the commission to study future costs of post-employment benefits and the state policy for retired state employees under 65 years of age. The bill also changes the designation of one of the groups having a member appointed to the Mount Washington commission.

Senate Finance

May 28, 2009

2009-1964s

03/10

Amendment to HB 429-FN

Amend the bill by inserting after section 7 the following and renumbering the original sections 8-10 to read as 9-11, respectively:

8 Location of Agency Liquor Stores. Amend RSA 177:11 to read as follows:

177:11 Location of Agency Liquor Stores.

I. The commission may license an agency liquor store only when the following requirements are met:

(a) The proposed agency liquor store is located in a municipality which has voted in favor of the operation of state liquor stores under RSA 175:7.

(b) The proposed agency liquor store is located in a municipality where there is no state liquor store.

(c) Neither the proposed agency liquor store nor any state liquor store is within 5 road miles of an existing state liquor store or an existing agency liquor store.

II. The commission may not replace a state liquor store which closes with an agency liquor store, unless the state liquor store was closed under the provisions of RSA 177:2.

III. In the event that a proposed agency liquor store will replace a state liquor store, the commission shall make reasonable efforts to provide state employees other positions, if available.

III-a. In determining the location of a proposed agency store, the commission shall consider its effect on the economy, availability of liquor, and customers within the surrounding relevant market. For the purposes of this section, “surrounding relevant market” means the geographic area that is reasonably intended to be served by the agency store.

IV. The commission shall issue a license for an agency liquor store within a municipality by the following procedure:

(a) The commission shall, in accordance with RSA 541-A, give public notice that agency liquor stores may be established in a particular municipality to serve persons located in that municipality and in the surrounding relevant market. The public notice shall identify the surrounding relevant market that the agency store is intended to serve and all municipalities, or portions thereof, included therein. A copy of the public notice shall at the same time be forwarded by certified mail by the commission to the governing body of the municipality in which the agency store may be established and to the governing body of any additional municipalities located, in whole or in part, in the surrounding relevant market that the agency store is intended to serve. The commission shall request all parties in the municipality, interested in establishing an agency liquor store there, to apply to the commission.

(b) The commission shall provide all applicants with the necessary information for the establishment of agency liquor stores.

(c) Upon receipt of all applications for agency liquor stores licenses in a municipality, the commission shall notify the [~~municipal officers~~] governing body of that municipality and of any additional municipalities located, in whole or in part, in the surrounding relevant market of the proposed location of each applicant [~~at least 15 days before the final selection of an applicant or applicants by the commission~~] and shall suspend all action on such applications for 30 days in order to allow the affected municipalities and any other interested person to submit written comments to the commission on the proposed location of a new agency store in a municipality.

(d) [~~The commission shall issue a license to all persons qualifying under the commission's rules.~~] Upon the written request of the municipality in which the proposed agency store may be located, or of any municipality located in the surrounding relevant market as identified by the commission, that is received by the commission within 14 days of the date of the public notice forwarded to such a municipality under subparagraph (a), the commission shall in accordance with RSA 541-A publish notice and schedule a hearing on the proposed location of an agency store in such municipality. Any public hearing shall be held within 45 days of the close of the public comment period in the municipality in which the agency store may be located.

(e) The commission shall [~~notify~~] provide written notice by certified mail to all applicants, to the municipality in which the agency store is to be located, and to any other municipality located in the surrounding relevant market of the final selection of an applicant or applicants, and shall provide any applicant denied a license written notification of the reasons for the denial by certified mail to the mailing address given by the applicant in [~~his~~] the application for an agency liquor store license.

(f) The commission shall issue a license to all persons qualifying under the commission's rules.

V. Any applicant aggrieved by a decision made by the commission may appeal the decision in accordance with RSA 541. For purposes of rehearing and appeal, the date of the written notice of final selection of an applicant or applicants shall constitute the decision of the commission.

Energy, Environment and Economic Development

May 28, 2009

2009-1984s

06/01

Amendment to HB 452

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

AN ACT designating segments of the Ammonoosuc River into the rivers management and protection program, relative to the consideration of riparian rights in the establishment of instream flows, and relative to an exemption from terrain alternation permitting requirements.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

2 Establishment of Instream Flows. Amend RSA 483:9-c, I to read as follows:

I. The commissioner, in consultation with the advisory committee, shall adopt rules under RSA 541-A specifying the standards, criteria, and procedures by which a protected instream flow shall be established and enforced for each designated river or segment. Each protected instream flow shall be established and enforced to maintain water for instream public uses and to protect the resources for which the river or segment is designated, and shall respect riparian interests on each designated river or segment consistent with the purposes of this chapter. Instream public uses shall include the state’s interests in surface waters, including, but not limited to, navigation; recreation; fishing; storage; conservation; maintenance and enhancement of aquatic and fish life; fish and wildlife habitat; wildlife; the protection of water quality and public health; pollution abatement; aesthetic beauty; and hydroelectric energy production.

3 New Paragraph; Terrain Alteration. Amend RSA 485-A:17 by inserting after paragraph IV the following new paragraph:

V. Trail construction operations for the purposes of modifying existing biking and walking trails shall be exempt from the provisions of this section. Such operations shall be considered in compliance with this section and shall be issued a general permit by rule provided such operations are implemented by a non-profit organization, municipality, or government entity, are limited to a disturbed area no more than 12 feet in width, and are in accordance with procedures prescribed in the Best Management Practices For Erosion Control During Trail Maintenance and Construction, published by the department of resources and economic development, bureau of trails in 2004.

2009-1984s

AMENDED ANALYSIS

This bill:

I. Designates segments of the Ammonoosuc River into the rivers management and protection program.

II. Provides for consideration of riparian rights in the establishment of protected instream flows.

III. Provides an exemption from terrain alternation permitting requirements for certain trail construction operations.

Senate Executive Departments and Administration

May 26, 2009

2009-1886s

06/01

Amendment to HB 519

Amend the introductory paragraph of RSA 21-G:26-a as inserted by section 1 of the bill by replacing it with the following:

21-G:26-a Nepotism. No executive branch official shall directly hire, evaluate, set the compensation or salary for, supervise, or terminate the employment of any full or part time employee, temporary employee, or member of a state board or commission if such employee or member is related to such official in one of the following ways:

Amend the bill by inserting after section 1 the following and renumbering the original sections 2 and 3 to read as 3 and 4, respectively:

2 Misuse of Position. Amend RSA 21-G:23, II to read as follows:

II. Use his or her position with the state to secure privileges or advantages for himself or herself, which are not generally available to governmental employees, or to secure governmental privileges or advantages for others to which they are not otherwise entitled.

Senate Judiciary

May 28, 2009

2009-1985s

04/09

Amendment to HB 520

Amend section 2 of the bill by replacing paragraph VIII with the following:

VIII. Seven members appointed by the governor, representing families of murder victims and associations or organizations with concerns and goals related to the death penalty.

Amend section 2 of the bill by inserting after paragraph XI the following new paragraph:

XII. A representative of the New Hampshire Troopers Association, appointed by that association.

Public and Municipal Affairs

May 28, 2009

2009-1958s

03/01

Amendment to HB 534

Amend RSA 673:3, III-a as inserted by section 2 of the bill by replacing it with the following:

III-a. A local legislative body’s decision to change from an elected to an appointed zoning board of adjustment, or from an appointed to an elected zoning board of adjustment, may be made without amending the zoning ordinance. In a town operating under the town meeting form of government, the decision may be made at any annual or special town meeting. If the town has adopted the official ballot for the election of town officers, the question may be, but is not required to be, placed on the official ballot. If the question is not placed on the official ballot, the question shall be placed in the warrant and shall be voted on as a separate article at the town meeting.

Amend the bill by replacing section 3 with the following:

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

Senate Finance

May 22, 2009

2009-1798s

04/05

Amendment to HB 601-FN

Amend the bill by deleting section 3 and renumbering the original section 4 to read as 3.

Commerce, Labor and Consumer Protection

May 26, 2009

2009-1868s

01/10

Amendment to HB 680

Amend RSA 402:12, II as inserted by section 1 of the bill by replacing it with the following:

II. Every insurance company shall conduct its business in the legal name of the insurer as it appears on the insurer’s application filed with the NAIC for a company code number. If an insurer is part of a group of affiliated insurers, the group name may appear in addition to the name of the individual insuring company, but the group name shall not be used in lieu of the legal name of the individual company.

(a) All insurance policies and contracts, and any endorsements or amendments separately issued and intended to be attached to such policies or contracts, shall identify the legal name, as set forth in paragraph II, of the insurer that is directly assuming the obligations under the policy or contract. Inclusion of the legal name of the insurer in a policy jacket, declaration, or other similar cover page issued with the policy, contract, or endorsement shall be deemed to be in compliance with this requirement.

(b) Identification of the insuring company on any advertisement or promotional materials shall be governed by the laws or rules related to advertisements, misrepresentations in sale of insurance, and misrepresentation in insurance transactions.

Amend RSA 405:12 as inserted by section 2 of the bill by replacing it with the following:

2 Foreign Insurance Companies. Amend RSA 405:12 to read as follows:

405:12 Licenses.

I. On compliance with the foregoing conditions and if the company is found upon examination made by or under the direction of the commissioner to have complied with the laws of the state applicable to it, a license to transact the kind of business specified in the license shall be issued until June 14 thereafter. Annually thereafter, on June 14, such license may be renewed so long as the company shall comply with the requirements of the law and the commissioner shall regard it as safe, reliable, and entitled to confidence, and so long as the company continues to conduct a meaningful insurance business, as determined by the commissioner, within New Hampshire.

(b) Identification of the insuring company on any advertisement or promotional materials shall be governed by the laws or rules related to the advertisements, misrepresentations in sale of insurance, and misrepresentation in insurance transactions.

Amend the bill by replacing section 15 with the following:

15 Effective Date.

I. Sections 1, 2, and 3 of this act shall take effect January 1, 2010.

II. Section 6 of this act shall take effect upon its passage.

III. The remainder of this act shall take effect 60 days after its passage.

HEARINGS

TUESDAY, JUNE 2, 2009

COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB

Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge

11:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

ELECTION LAW AND VETERANS' AFFAIRS, Room 101, LOB

Sen. Lasky (C), Sen. Houde (VC), Sen. Merrill, Sen. Barnes, Sen. Carson

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

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

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

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

HEALTH AND HUMAN SERVICES, Room 103, SH

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

8:30 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

TRANSPORTATION AND INTERSTATE COOPERATION, Room 101, LOB

Sen. Letourneau (C), Sen. Gilmour (VC), Sen. Fuller Clark, Sen. Kelly, Sen. Gatsas

10:30 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

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. EXECUTIVE SESSION ON PENDING LEGISLATION

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

WILDLIFE, FISH AND GAME AND AGRICULTURE, Room 103, LOB

Sen. Gallus (C), Sen. Janeway (VC), Sen. Merrill, Sen. Gilmour, Sen. Gatsas

10:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

TO REVIEW SENATE BILLS AMENDED BY THE HOUSE

MEETINGS

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

SUNDAY, MAY 31, 2009

LEGISLATIVE YOUTH ADVISORY COUNCIL (RSA 19-K:1)

1:00 p.m. NH Technical Institute Regular Meeting

Crocker Sweeney Building, Room 225

Concord, NH

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

TUESDAY, JUNE 2, 2009

JOINT COMMITTEE ON EMPLOYEE CLASSIFICATION (RSA 14:14-C)

3:00 p.m. Room 306, LOB Regular Meeting

STATE VETERANS' ADVISORY COMMITTEE (RSA 115-A:2, VI)

5:00 p.m. NH National Guard Regular Meeting

Joint Force Headquarters

Readiness Center

Regional Drive

Concord, NH

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

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 A FOCUS ON PRIMARY CARE (HB 1615, Chapter 367:3, Laws of 2008)

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

COMMISSION TO STUDY REQUIREMENTS FOR SAFE AND SECURE LANDFILLS (HB 672, Chapter 252:1, Laws of 2007)

1:00 p.m. Room 304, LOB Regular Meeting

MONDAY, 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

COMMISSION TO STUDY LAND DEVELOPMENT REGULATIONS AND THE EFFECTS OF LAND DEVELOPMENT WITHIN UPLAND AREAS THAT MAY AFFECT WETLANDS AND SURFACE WATERS OF THE STATE (HB 1579, Chapter 294:1, Laws of 2008)

1:00 p.m. Room 305, 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

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

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

11:00 a.m. Room 205, 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

FRIDAY, JULY 10, 2009

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

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

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25)

1:00 p.m. Room 201, LOB Regular Meeting

THURSDAY, JULY 16, 2009

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

9:00 a.m. Rooms 306-308, LOB Regular Meeting

MONDAY, JULY 20, 2009

INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)

9:00 a.m. Room 100, SH Regular Meeting

WEDNESDAY, JULY 29, 2009

WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)

9:00 a.m. Room 305, LOB Regular Meeting

THURSDAY, JULY 30, 2009

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

9:00 a.m. Rooms 306-308, LOB Continued Meeting

FRIDAY, AUGUST 14, 2009

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

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

MONDAY, AUGUST 17, 2009

INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)

9:00 a.m. Room 100, SH Regular Meeting

TUESDAY, AUGUST 18, 2009

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

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

THURSDAY, AUGUST 20, 2009

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

9:00 a.m. Rooms 306-308, LOB Regular Meeting

MONDAY, AUGUST 24, 2009

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

9:00 a.m. Room 305, 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, 153 159, 201.

HOUSE BILLS: 63, 84, 105, 148, 310, 315, 345, 464, 483, 545, 552 570, 585, 600.

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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, 610, 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

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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

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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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SUNDAY, JUNE 14, 2009

Members of the Senate and Staff: You are cordially invited to be part of the 2nd Annual New Hampshire Legislature Ceremonial Parade Lap to open the 86th Annual Loudon Classic

at New Hampshire Motor Speedway on Sunday, June 14. Participants are encouraged to ride their motorcycles. Sidecar rides will be available for participants without a motorcycle. Please RSVP to New Hampshire Motor Speedway Communications Department via email at nhmspr@nhms.com by

Wednesday, June 10. Remember to wear appropriate clothing (long leg pants, gloves & jacket) if you plan to ride on one of the motorcycle/sidecar rigs available, helmets will be provided.

For all of those who are interested in attending, we would ask you for your assistance in providing us with a brief bio.

Senator Deborah R. Reynolds

Senator Robert J. Letourneau

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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

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 29	10:00	Bernice A. Ray School – Hanover	45/4
May 29	11:00	Mt. Pleasant Elementary School – Nashua	65/4
May 29	1:00	Holderness Central School	28/4
June 1	9:00	Florence Ride Out School – Wilton	49/4
June 1	10:00	Bernice A. Ray School – Hanover	45/4
June 2	10:00	Acworth Center School	13/4
June 2	10:00	John Fuller School – North 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 School – Keene	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 School – Keene	26/4
June 5	11:00	Salisbury-Webster School	40/4
June 5	12:00	Ellis School – Fremont	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 School – Littleton	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 School – Bedford	80/4
June 12	11:30	Disnard School – Claremont	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 School – Bedford	80/4