December 10, 2009

No. 48

 

 

STATE OF NEW HAMPSHIRE

WEB SITE ADDRESS:

www.gencourt.state.nh.us

 

 

 

 

 

 

161st Session of the New Hampshire General Court

 

Legislative

 

SENATE CALENDAR

HEARINGS, MEETINGS AND NOTICES

 

 

 

 

 

 

 

 

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 New Hampshire.

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 Nashua.

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

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

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 Franconia in honor of Corporal Bruce McKay.

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.

HEARINGS

THURSDAY, DECEMBER 17, 2009

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 304, LOB

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

JOINT MEETING WITH THE HOUSE SCIENCE, TECHNOLOGY AND ENERGY COMMITTEE

1:00 p.m.          Informational meeting as follow-up to the tours of the New Hampshire power facilities.

1:30 p.m.          State agency energy efficiency briefing.

ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 102, LOB

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

2:30 p.m.          SENATE EXECUTIVE SESSION ON RE-REFERRED BILLS

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

                        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 New Hampshire.

TUESDAY, JANUARY 5, 2010

EDUCATION, Room 103, LOB

Sen. Kelly (C), Sen. Merrill (VC), Sen. Fuller Clark, Sen. Lasky, Sen. Bragdon, Sen. Letourneau

9:00 a.m.          SENATE EXECUTIVE SESSION ON RE-REFERRED BILLS

                        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.

MEETINGS

FRIDAY, DECEMBER 11, 2009

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

9:00 a.m.                      NH Public Utilities Commission            Regular Meeting

                                    Room A

                                    21 South Fruit Street

                                    Concord, NH

VOLUNTEER NH BOARD OF DIRECTORS (RSA 19-H:1)

9:00 a.m.                      Greater Manchester                              Regular Meeting

                                    Chapter of the American Red Cross

                                    1800 Elm Street

                                    Manchester, NH

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

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

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

10:30 a.m.                    Room 102, LOB                         Non-Public session of the Complaint review committee

ESTABLISHING A COMMISSION TO DEVELOP A LEGISLATIVE PLAN TO MEET THE NEEDS OF CERTAIN ADULTS WITH DEVELOPMENTAL DISABILITIES (SB 112, Chapter 255:1, Laws of 2009)

11:00 a.m.                    Room 100, SH                                       Regular Meeting

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

1:00 p.m.                      Room 201, LOB                                     Complaint Hearing

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 206, LOB                                     Regular Meeting

MONDAY, DECEMBER 14, 2009

COUNCIL ON THE RELATIONSHIP BETWEEN PUBLIC HEALTH AND THE ENVIRONMENT (RSA 125-P:1)

9:30 a.m.                      Room 205, LOB                                     Regular Meeting

COMMISSION TO STUDY ACCESS TO CONSUMER CREDIT FOR PEOPLE IN NEW HAMPSHIRE (SB 472, Chapter 321:9, Laws of 2008)

1:00 p.m.                      Room 100, SH                                       Regular Meeting

TUESDAY, DECEMBER 15, 2009

ASSESSING STANDARDS BOARD (RSA 21-J:14-a)

9:30 a.m.                      NH Department of Revenue                   Regular Meeting

                                    109 Pleasant Street

                                    Concord, NH

COMMITTEE TO STUDY THE SCHOOL BUILDING AID GRANT PROGRAM (HB 2, Chapter 144:13, Laws of 2009)

10:00 a.m.                    Room 103, SH                                       Regular Meeting

ESTABLISHING A COMMISSION TO STUDY HOSPITAL BILLING PRACTICES OF HEALTH CARE PROVIDERS (SB 188, Chapter 265:1, Laws of 2009)

10:00 a.m.                    Room 100, SH                                       Regular Meeting

COMMITTEE TO STUDY THE LIST OF NON-REGULATORY BOARDS, COMMISSIONS, COUNCILS, ADVISORY COMMITTEES, AND TASK FORCES UNDER PARAGRAPH I (HB 2, Chapter 144:87, II. (a), Laws of 2009)

12:00 p.m.                    Room 306, LOB                                     Regular Meeting

WEDNESDAY, DECEMBER 16, 2009

COMMITTEE TO STUDY THE INCORPORATION OF ELECTRONIC FILING PROCEDURES UNDER THE ADMINISTRATIVE PROCEDURES ACT (HB 129, Chapter 72:1, Laws of 2009)

10:00 a.m.                    Room 301, LOB                                     Regular Meeting

ESTABLISHING A COMMITTEE TO STUDY THE IMPOSITION OF ASSESSMENTS TO RETIREMENT SYSTEM EMPLOYERS FOR EXCESS BENEFITS PAID TO RETIREES AND REQUIRING A REPORT RELATIVE TO DEATH BENEFITS UNDER RSA 100-a (SB 108, Chapter 304:1, Laws of 2009)

2:30 p.m.                      Room 103, SH                                       Regular Meeting

thursday, december 17, 2009

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

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

HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)

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

COMMISSION TO EVALUATE THE LONG-TERM USES OF THE LAKES REGION FACILITY LOCATED IN LACONIA (HB 2, Chapter 144:282, Laws of 2009)

3:00 p.m.                      Room 207, LOB                                     Regular Meeting

FRIDAY, DECEMBER 18, 2009

TASK FORCE TO DEVELOP A PERFORMANCE-BASED SCHOOL ACCOUNTABILITY SYSTEM (RSA 193-E:3-c)

9:00 a.m.                      Department of Education                       Regular Meeting

                                    State Board Room

                                    101 Pleasant Street

                                    Concord, NH

GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT (RSA 12-J:1)

9:30 a.m.                      Rooms 305-307, LOB                             Regular Meeting

COMMISSION TO STUDY CREATING A VETERANS' LEGAL AID ADVOCACY PROJECT IN NEW HAMPSHIRE (SB 35, Chapter 90:2, Laws of 2009)

10:00 a.m.                    Room 100, SH                                       Regular Meeting

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

10:00 a.m.                    Room 201, LOB                                     Regular Meeting

MONDAY, DECEMBER 21, 2009

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

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

COMMISSION TO DEVELOP A PLAN FOR THE EXPANSION OF TRANSMISSION CAPACITY IN THE NORTH COUNTRY (SB 383, Chapter 348:2, Laws of 2008)

10:00 a.m.                    Room 304, LOB                                     Regular Meeting

JOINT COMMITTEE ON LEGISLATIVE FACILITIES (RSA 17-E:2)

11:00 a.m.                    Room 103, SH                                       Regular Meeting

SENATE LEGISLATIVE FACILITIES SUBCOMMITTEE (RSA 17-E:5)

11:45 a.m.                    Room 103, SH                                       Regular Meeting

(or 5 min after JLFC)

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

CITIZEN-FUNDED ELECTION TASK FORCE (HB 513, Chapter 237:1, Laws of 2009)

2:00 p.m.                      Room 103, SH                                       Regular Meeting

TUESDAY, DECEMBER 22, 2009

ESTABLISHING A COMMISSION TO STUDY HOSPITAL BILLING PRACTICES OF HEALTH CARE PROVIDERS (SB 188, Chapter 265:1, Laws of 2009)

10:00 a.m.                    Room 100, SH                                       Regular Meeting

MONDAY, JANUARY 4, 2010

CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)

9:00 a.m.                      Room 307, LOB                                     Regular Meeting

THURSDAY, JANUARY 7, 2010

JOINT LEGISLATIVE PERFORMANCE AUDIT AND OVERSIGHT COMMITTEE (RSA 17-N:1)

2:00 p.m.                      Room 306, LOB                                     Regular Business

FRIDAY, JANUARY 8, 2010

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

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

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

10:00 a.m.                    Room 102, LOB                                     Non-Public session of the Complaint Review Committee

ESTABLISHING A COMMISSION TO DEVELOP A LEGISLATIVE PLAN TO MEET THE NEEDS OF CERTAIN ADULTS WITH DEVELOPMENTAL DISABILITIES (SB 112, Chapter 255:1, Laws of 2009)

11:00 a.m.                    Room 100, SH                                       Regular Meeting

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

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

MONDAY, JANUARY 11, 2010

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

COMMITTEE TO STUDY THE CERTIFICATE OF NEED PROCESS (HB 234, Chapter 77:1, Laws of 2009)

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

COMMISSION TO STUDY FUTURE SUSTAINABLE REVENUE SOURCES FOR FUNDING IMPROVEMENTS TO STATE AND MUNICIPAL HIGHWAYS AND BRIDGES (HB 2, Chapter 144:291, I, Laws of 2009)

2:00 p.m.                      Room 201, LOB                                     Regular Meeting

TUESDAY, JANUARY 12, 2010

STATE CAPITOL COMPLEX MASTER PLAN COMMISSION (HB 25, Chapter 145:13, Laws of 2009)

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

FRIDAY, JANUARY 15, 2010

OBD II TESTING ADVISORY COMMITTEE (RSA 266:59-b, VII (a)

10:00 a.m.                    Room 301, LOB                                     Regular Meeting

COMMISSION TO STUDY APPOINTING OR CONTRACTING WITH A FLEET MANAGER FOR STATE-OWNED MOTOR VEHICLES (HB 1412, Chapter 218:1, Laws of 2008)

1:00 p.m.                      Rooms 210-211, LOB                             Regular Meeting

TUESDAY, JANUARY 19, 2010

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

3:30 p.m.                      Room 201, LOB                                     Regular Meeting

TUESDAY, JANUARY 26, 2010

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

3:30 p.m.                      Room 201, LOB                                     Regular Business

THURSDAY, JANUARY 28, 2010

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

3:00 p.m.                      Department of Education                       Regular Meeting

                                    Walker Building, Room 330

                                    21 South Fruit Street

                                    Concord, NH

MONDAY, FEBRUARY 8, 2010

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

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

FRIDAY, FEBRUARY 12, 2010

VOLUNTEER NH BOARD OF DIRECTORS (RSA 19-H:1)

9:00 a.m.                      Greater Manchester                              Regular Meeting

                                    Chapter of the American Red Cross

                                    1800 Elm Street

                                    Manchester, NH

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

10:00 a.m.                    Room 102, LOB                                     Non-Public session of the Complaint Review Committee

ESTABLISHING A COMMISSION TO DEVELOP A LEGISLATIVE PLAN TO MEET THE NEEDS OF CERTAIN ADULTS WITH DEVELOPMENTAL DISABILITIES (SB 112, Chapter 255:1, Laws of 2009)

11:00 a.m.                    Room 100, SH                                       Regular Meeting

COMMISSION TO EXAMINE DRIVING WHILE IMPAIRED EDUCATION AND INTERVENTION PROGRAMS (HB 1311, Chapter 256:10, Laws of 2008)

1:00 p.m.                      Room 202, LOB                                     Regular Meeting

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

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

TUESDAY, FEBRUARY 16, 2010

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

3:30 p.m.                      Room 201, LOB                                     Regular Meeting

MONDAY, FEBRUARY 22, 2010

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

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

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NOTICES

Open enrollment for Senators to purchase or make changes to medical and/or dental insurance through the State health care program will be held from 11/30/09 to 12/11/09 with an effective date of 01/01/10.  Those Senators who are already enrolled in the program, but wish to make changes should do so during open enrollment.  Information, new rates and enrollment forms are available through Joyce Phinney or Mary Vinson, State House Room 113 or call 271-5685.

Sylvia B. Larsen, Senate President

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LEGISLATIVE ETHICS COMMITTEE

            At its meeting held on November 19, 2009, the Legislative Ethics Committee voted to adopt the following interpretive ruling, which is printed below in its entirety.

 

 

INTERPRETIVE RULING 2009-#1

(November 19, 2009)

 

Ethics Guidelines

Section 4, Prohibited Activities, Paragraph II, Subparagraphs (c) and (d)

 

 

            A question has arisen regarding the meaning of the phrase “certain constituents,” as it is used in Ethics Guidelines Section 4, Prohibited Activities, Paragraph II, Subparagraphs (c) and (d). The Committee adopts the following Interpretive Ruling pursuant to RSA 14-B:3, I (b).

 

            The referenced provisions read as follows:

II. Legislators shall not:

            * * *

            (c) Threaten reprisals or promise inducements of any kind to influence another so as to obtain special personal benefits for the legislator, the legislator’s immediate family, or for certain constituents which would not be available to others under similar conditions.

(d) Conduct private negotiations with any governmental agency in an attempt to obtain a decision on a pending matter which would result in special personal benefit to the legislator, to the legislator’s immediate family, or to certain constituents which would not be available to others under similar conditions.

(Emphasis added)

 

            The Committee construes the phrase “certain constituents” in these sections to include any particular person or persons on whose behalf the legislator is communicating, and is not restricted merely to persons who may reside within the legislator’s district.  In short, the Committee considers that in accordance with these Guidelines, it would be improper conduct for a legislator to threaten legislation or any other official action, or to conduct private negotiations with any governmental agency, to influence a judicial, regulatory or administrative outcome in favor of a particular person or persons in a particular case, where the benefit of such outcome would not be available to others under similar circumstances.

Sylvia B. Larsen, Senate President

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THURSDAY, DECEMBER 17, 2009

Senator Fuller-Clark and Rep. David Borden would like to invite the Senate Energy, Environment, and Economic Development Committee along with the House Science, Technology, and Energy Committee to attend a presentation by the Public Utilities Commission (PUC) on the result of the ice storm study and an informational presentation by Richard Ober, Chairman of the Energy Efficiency and Sustainable Energy (EESE) Board at 11:00 a.m. and 12:00 p.m., respectively, on December 17th in LOB 302-304.

 

12/17/09 11:00 am in LOB 302-304 - Public Utilities Commission on the result of the ice storm study

12/17/09 12:00 pm in LOB 302-304 - Chairman of the Energy Efficiency and Sustainable Energy Board

Senator Martha Fuller Clark

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WEDNESDAY, JANUARY 6, 2010

Sheehan Phinney Capitol Group will be hosting their annual Welcome Back Reception for all House, Senate members and staff on Wednesday, January 6, 2010, at the Holiday Inn. It will be held at conclusion of session (or 3:00 p.m. should the session end early).

Senator Margaret Wood Hassan, Majority Leader

Senator Peter E. Bragdon, Minority Leader

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THURSDAY, JANUARY 14, 2010

The New Hampshire Child Advocacy Network (NH CAN), in coordination with the Legislative Caucus for Young Children and Every Child Matters, invites all legislators to a lunchtime briefing on the 2010 Priorities for New Hampshire’s Children on Thursday, January 14th at noon in room 210 of the LOB.    The Priorities create opportunities to strengthen New Hampshire families and communities and are the result of collaboration among nearly one hundred organizational members and advisors of NH CAN.  To reserve your lunch please RSVP by Monday, January 11 to Ashton Dasey at 225-2264 or adasey@childrennh.org. 

Senator Kathleen G. Sgambati

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SENATE SCHEDULE

Wednesday, October 28, 2009                            First day to file legislation for 2010 Session.

 

Friday, November 06, 2009, at 4:00 p.m.           The Office of Legislative Services shall not draft a Senate Bill, Senate Concurrent Resolution, or Senate Joint                                                                          Resolution, unless a request by a member for drafting with complete information has been received not later than                                                                         4:00 p.m., Friday, November 06, 2009, for the 2010 Session.

 

Wednesday, December 09, 2009, at 4:00 p.m.     The last day to sign-off legislation for the above filing period shall be Wednesday, December 09, 2009, at 4:00 p.m.

 

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

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VISITORS' CENTER SCHEDULE - DECEMBER

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 December 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 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

 

DATE

TIME

GROUP

Group#/Grade

Dec. 11

10:00

New Durham School

27/4

Dec. 15

10:00/11:30

SH/HM

Derry Village School

100/4

Dec. 16

10:00/11:15

SH/HM

Griffin Memorial School – Litchfield

88/4

Dec. 17

11:30

Troy School

35/3&4

Dec. 18

9:30/11:00

SH/HM

Allenstown Elementary School

58/4

Dec. 18

12:00

Hopkinton High School

40/HS

Dec. 18

1:00

NH Superior Court Law Clerks

15