July 16, 2009
No. 32
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
161st
Session of the
Legislative
SENATE
CALENDAR
VETO MESSAGE, MEETINGS
AND NOTICES
THE SENATE is in recess to THE CALL OF THE CHAIR
VETO
Veto
Message of Governor John H. Lynch
Regarding
Senate Bill 88
By the authority vested in me, pursuant to part II,
article 44 of the New Hampshire Constitution, on July 1, 2009, I vetoed Senate
Bill 88, an act relative to the recommendations of marital masters.
I am vetoing Senate Bill 88 because marital masters
are not judicial officers within the meaning of the State Constitution and I
believe this bill would vest marital masters with the characteristics of a
judicial officer.
In 2007, the Supreme Court requested the
introduction of Senate Bill 112 to allow the recommendations of marital masters
to become final absent review and signature by a judge, unless a party
requested review of the decision by a judge within 10 days. The Senate questioned the constitutionality
of the Supreme Court’s proposed legislation and passed a resolution asking the
Supreme Court to issue an advisory opinion addressing the constitutionality of
SB 112. The Supreme Court ruled that SB
112 was unconstitutional because marital masters are not judicial officers
within the meaning of the State Constitution and are only authorized to make
recommendations that have no binding force upon the court. Opinion of the Justices, 155 NH 524
(2007).
In its decision, the Supreme Court stated that it
would not opine on whether the constitutional infirmity of SB 112 could be
cured if parties to the case consented in advance to marital masters entering
final judgment without the participation of a judge. Then, during this session, the Supreme Court
requested the introduction of SB 88.
This bill would allow marital masters to enter final judgment absent
approval by a judge if the parties to the case consented in advance to the
arrangement. The general court did not
ask the Supreme Court to opine on the constitutionality of SB 88.
If marital masters are not judicial officers under
the State Constitution and cannot make recommendations that have binding force
upon the court, I question why the advance consent of parties to a case can
override the requirements of the State Constitution. I also question the wisdom of asking our
citizens to assume the additional responsibility and potential burden, during
stressful cases in the family division, of deciding whether to allow a marital
master to act as a judge.
Presently, under state law, the administrative judge
of the judicial branch family division, with the concurrence of the supreme
court, nominates marital masters for appointment by governor and council. Under the State Constitution, judges are
nominated and appointed by the governor and council. If the desire is to have marital masters
enter final judgments in court, the appropriate remedy would be to have them
nominated and confirmed as judicial officers are appointed.
Respectfully
submitted,
___________________________
Governor
Dated: July 1, 2009
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LAID ON THE TABLE
CACR 11, relating
to funding of public education.
Providing that the general court shall define an adequate education and
distribute state funds for public education in a manner that alleviates local
disparities. 4/01/09, pending motion
ITL, Education, SJ 10, pg. 162
SB 21, enabling
certain persons to vote in primaries prior to turning 18 years of age. 3/25/09, pending motion OTP, Election Law
and Veterans' Affairs, SJ 9, pg. 138
SB 34, providing that registers of probate be present at the probate office in accordance with personnel rules established by the supreme court. 2/18/09, pending motion OTP, Judiciary, SJ 5, pg. 58
SB 83, establishing a committee to study net loss carry forward provisions under the business taxes. 3/25/09, pending motion OTP, Ways & Means, SJ 9, pg. 153
SB 84, relative
to the unused prescription drug program. 4/01/09,
pending motion ITL, Judiciary, SJ 10, pg. 173
SB 136-FN, relative to the motor vehicle registration fee supporting a municipal and transportation improvement fund. 3/4/09, pending motion ITL, Public and Municipal Affairs, SJ 6, pg. 79
SB 146-FN-A, relative to liquor profits deposited into the alcohol abuse prevention and treatment fund. 3/25/09, pending motion OTP, Ways & Means, SJ 9, pg. 145
SB 164-FN-A, relative
to the expansion and funding of northern
SB 169-FN, relative to games of chance and establishing a gaming oversight authority and video lottery gaming. 3/11/09, pending motion ITL, Ways & Means, SJ 7, pg. 114
SB 179-FN-A-L, providing
for the recovery of horse racing, and expanding gaming operations in the north
country and at pari-mutuel locations. 3/11/09,
pending motion OTP, Ways & Means, SJ 7, pg. 114
HB 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 411, relative
to the safety of retirement accounts. 5/27/09,
pending motion ITL, Commerce, Labor & Consumer Protection, SJ 17, pg. 366
HB 468-FN-L, 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
HB 694, adopting
the uniform child abduction prevention act.
6/03/09 pending motion ITL, Judiciary, SJ 18 pg. 505
2009 BILLS RE-REFERRED TO COMMITTEE
COMMERCE, LABOR AND CONSUMER PROTECTION
SB 61, relative to consumer credit report of satisfied debts.
SB 94, relative to the creation of express trusts for payment of claims for materials and services rendered in building projects.
SB 141-FN, relative to a life settlements model act.
SB 194, relative to the negotiation of payroll checks.
HB 216-FN, relative to fees for legal services rendered to workers' compensation claimants.
HB 602-FN-A, relative to costs associated with cashing payroll checks.
EDUCATION
HB 143, relative to procedures for requesting a change of school for a child.
HB 154, relative to truancy.
HB 509, requiring parental consent for psychological evaluations by school districts.
ELECTION LAW AND VETERANS' AFFAIRS
HB 276-FN, relative to challenges of voters.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
SB 56, relative to financial responsibility for large groundwater withdrawals.
SB 73-FN, requiring state departments to reduce energy consumption and to make an annual report on their energy consumption reduction efforts.
SB 166-FN, relative
to mineral extraction, mining, and reclamation in
HB 314-L, (New Title) relative to the assessment of certain costs associated with proposed large groundwater withdrawals from wells.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
SB 72-FN-L, consolidating
cemetery boards of trustees in
HB 360, relative to members of the general court participating in the state group health insurance plan.
HB 514, establishing
a
HB 598-FN, relative to the regulation of auctioneers by the state board of auctioneers.
HB 651-FN, relative to regulation of private investigative agencies and security services.
FINANCE
HB 174-FN, establishing a performance measurement system for state agencies.
HB 587-FN, establishing an information and analysis center within the department of safety.
HEALTH AND HUMAN SERVICES
HB 658-FN, relative to housing assistance for recipients of Temporary Assistance to Needy Families (TANF).
JUDICIARY
SB 120, relative to nonemergency involuntary admissions and permitted condition of conditional discharge from a mental health facility.
HB 230, relative to the burden of proof for a finding of abuse in domestic violence cases.
HB 621, (New Title) relative to establishing procedures for identifying criminal defendants who may have a mental illness.
HB 686, relative to complaint procedures in cases before the commission for human rights.
PUBLIC AND MUNICIPAL AFFAIRS
SB 128, allowing municipalities to grant a property tax credit for low income persons owning residential property.
HB 446, defining "unnecessary hardship" for purposes of zoning variances.
TRANSPORTATION AND INTERSTATE COOPERATION
SB 150, relative to the definition of "neighborhood electric vehicle."
SB 154, naming a
certain portion of route 18 in the town of
HB 450, relative to the state 10-year transportation improvement program.
WAYS AND MEANS
SB 181-FN-A, relative to the liquor commission and alcoholic beverages.
MEETINGS
FRIDAY, JULY 17, 2009
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
WELLNESS AND PRIMARY PREVENTION COUNCIL (RSA 126-M:3)
10:00 a.m. Room 207, 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
COMMISSION TO
1:00 p.m.
THURSDAY, JULY 23, 2009
COMMISSION TO DEVELOP ALTERNATIVES TO THE DISPOSAL OF MEDICAL SHARPS IN HOUSEHOLD WASTE (HB 1502, Chapter 259:2, Laws of 2008)
1:00 p.m. Room 304, LOB Regular Meeting
FRIDAY, JULY 24, 2009
10:00 a.m. Room 201, LOB Regular Meeting
MONDAY, JULY 27, 2009
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
11:00 a.m. Room 102, LOB Regular Meeting and Workshop
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
MONDAY, AUGUST 3, 2009
COMMISSION TO STUDY AIR QUALITY ISSUES IN PUBLIC SCHOOL BUILDINGS (HB 1171, Chapter 242:1, Laws of 2008)
10:00 a.m. Room 207, LOB Regular Meeting
COMMISSION TO STUDY THE PREVENTION OF CHILDHOOD OBESITY (HB 1422, Chapter 219:1, Laws of 2008)
10:00 a.m. Room 205, LOB Regular Meeting
COMMISSION TO STUDY ISSUES RELATING TO STORMWATER (HB 1295, Chapter 71:1, Laws of 2008)
12:00 p.m. Room 305, LOB Regular Meeting
WEDNESDAY, AUGUST 5, 2009
IMPACT OF WATER WITHDRAWALS ON INSTREAM FLOWS STUDY COMMITTEE (SB 330, Chapter 242:1, Laws of 2000)
9:30 a.m. Room 102, LOB Regular Meeting
THURSDAY, AUGUST 6, 2009
CURRENT USE BOARD (RSA 79-A:3)
9:00 a.m. NH Department of Revenue Forestry Model Subcommittee
Administration Meeting
Medical & Surgical Building
109 Pleasant Street
CURRENT USE BOARD (RSA 79-A:3)
1:00 p.m. NH Department of Revenue Land Use Change Tax
Administration Subcommittee Meeting
Medical & Surgical Building
109 Pleasant Street
MONDAY, AUGUST 10, 2009
TASK FORCE ON WORK AND FAMILY (HB 306, Chapter 373:2, Laws of 2007)
1:15 p.m. Room 206, LOB Regular Meeting
COMMISSION TO STUDY INCENTIVES FOR PROVIDERS OF HOME AND COMMUNITY-BASED CARE (SB 496, Chapter 226:2, Laws of 2008)
Cancelled Room 103, SH Regular Meeting
THURSDAY, AUGUST 13, 2009
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:30 a.m. NH Department of Revenue Regular Meeting
Administration
Medical & Surgical Building
109 Pleasant Street
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
2:00 p.m. NH Department of Revenue Low Income Housing Subcommittee
Administration Meeting
Medical & Surgical Building
109 Pleasant Street
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
10:00 a.m. Room 201, 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
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
10:00 a.m. Room 205, LOB 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
DEVELOPMENTAL DISABILITY AND ACQUIRED BRAIN DISORDER WAITLIST AND SERVICES FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-c)
2:00 p.m. Room 205, 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
LEGISLATIVE YOUTH ADVISORY COUNCIL (RSA 19-K:1)
1:00 p.m. Representatives' Hall Annual Seminar
3:00 p.m. Room 206, LOB Annual Seminar
MONDAY, AUGUST 24, 2009
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB Regular Meeting
TUESDAY, AUGUST 25, 2009
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Room 103, SH Regular Meeting
THURSDAY, AUGUST 27, 2009
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
FRIDAY, AUGUST 28, 2009
10:00 a.m. Room 201, 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 Subcommittee Meeting
WEDNESDAY, SEPTEMBER 2, 2009
CURRENT USE BOARD (RSA 79-A:3)
9:00 a.m. NH Department of Revenue Forestry Model Subcommittee
Administration Meeting
Medical & Surgical Building
109 Pleasant Street
CURRENT USE BOARD (RSA 79-A:3)
1:00 p.m. NH Department of Revenue Land use Change Tax
Administration Subcommittee Meeting
Medical & Surgical Building
109 Pleasant Street
THURSDAY, SEPTEMBER 3, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
FRIDAY, SEPTEMBER 11, 2009
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-E:1,I)
9:30 a.m. Room 101, LOB Regular Meeting
10:00 a.m. Room 201, 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, SEPTEMBER 14, 2009
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS (RSA 17-H:2)
10:00 a.m. Rooms 206-208, LOB Regular Meeting
COMMISSION TO STUDY ISSUES RELATING TO STORMWATER (HB 1295, Chapter 71:1, Laws of 2008)
12:00 p.m. Room 305, LOB Regular Meeting
COMMISSION TO STUDY INCENTIVES FOR PROVIDERS OF HOME AND COMMUNITY-BASED CARE (SB 496, Chapter 226:2, Laws of 2008)
2:00 p.m. Room 103, SH Regular Meeting
TUESDAY, SEPTEMBER 15, 2009
10:00 a.m. Room 201, LOB Regular Business
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
THURSDAY, SEPTEMBER 17, 2009
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
FRIDAY, SEPTEMBER 18, 2009
CURRENT USE BOARD (RSA 79-A:3)
9:30 a.m. NH Department of Revenue Regular Meeting
Administration
Medical & Surgical Building
109 Pleasant Street
MONDAY, SEPTEMBER 21, 2009
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
FRIDAY, SEPTEMBER 25, 2009
10:00 a.m. Room 201, LOB Regular Meeting
MONDAY, SEPTEMBER 28, 2009
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB Regular Meeting
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ENROLLED BILL
AMENDMENTS ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR 2009 BILLS:
SENATE BILLS:
5, 37, 40, 52, 60, 65, 89, 93, 108, 117, 119, 129, 133, 134, 142, 144, 147, 153,
155, 159, 167, 168, 180, 189, 201, 203.
HOUSE BILLS: 2,
25, 63, 76, 78, 84, 86, 96, 102, 105, 148, 167, 189, 215 245, 251, 253, 256,
279, 292, 310, 315, 330, 345, 378, 391, 408, 441, 443, 459, 464, 471, 473, 474,
483, 519, 529, 530, 545, 552 570, 585, 592, 600, 610, 619, 623, 648, 680, 688.
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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, 601, 602, 610, 641, 671, 685.
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NOTICES
I am looking for young people to recommend for a position on the Legislative Youth Advisory Council. They need to be between the ages of 15 and 22 and attending school in NH. The council mission is to advise the Legislature on issues of concern to youth. If you know someone in secondary or post secondary school you would recommend to serve on this council I will pass on names to the appointers - the Governor, the President of the Senate, the Speaker of the House and the Secretary of State. Please contact Representative Carolyn Gargasz at cgargasz@cs.com or 465-7463.
Senator Deborah R. Reynolds
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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,
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,
Senator Michael W. Downing
!
36th Annual Bill White & Junie Blaisdell
Ceremonial & Memorial Golf Tournament
Beaver Meadow Golf Course
Name: 1. _______________________________________________________
2. _______________________________________________________
3. _______________________________________________________
4. _______________________________________________________
Telephone: _________________________ Amount Enclosed: ___________
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SENATE SCHEDULE
Monday, September 7, 2009 Labor
Day (State
Wednesday, November 11, 2009 Veterans
Day (State
Thursday, November 26, 2009 Thanksgiving
Day (State
Friday, November 27, 2009 Day
after Thanksgiving (State
Friday, December 25, 2009 Christmas
Day (State
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