March 4, 2010
No. 10
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Second Year of
161st Session of the
Legislative
SENATE
CALENDAR
REPORTS,
AMENDMENTS, HEARINGS,
MEETINGS AND
NOTICES
THE SENATE WILL MEET IN SESSION ON WEDNESDAY, MARCH 10, 2010, AT 10:00 A.M.
LAID ON THE TABLE
SB 94, relative
to the creation of express trusts for payment of claims for materials and
services rendered in building projects. 1/21/10,
pending motion Interim Study, Commerce, Labor and Consumer Protection, SJ 3,
pg. 33
SB 345-FN, relative
to automatic renewal of contracts. 3/3/10,
pending motion ITL, Commerce, Labor and Consumer Protection, SJ 7, pg. TBA
SB 386-FN, extending
the pilot program for chartered public schools approved by the state board of
education. 3/3/10, pending motion Committee
Amendment (0774s) Education, SJ 7, pg. TBA
SB 390-FN, relative
to health insurance premium only cafeteria plans. 3/3/10, pending motion OTP, Commerce, Labor and Consumer Protection, SJ
7, pg. TBA
SB 478, relative
to the appointments to the board of home inspectors. 3/3/10, pending motion Committee Amendment (0823s), Executive
Departments and Administration, SJ 7, pg. TBA
HB 314-L, (New
Title) relative to the assessment of certain costs associated with proposed
large groundwater withdrawals from wells.
1/27/10, pending motion ITL, Energy, Environment and Economic Development, SJ 4,
pg. 55
SPECIAL ORDER
EDUCATION
SCR 2, encouraging
Ought to Pass with Amendment, Vote 6-0.
Senator Fuller Clark for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
SB 354-FN, authorizing liens for unpaid building code violations and requiring landlord agents for restricted rental property.
Ought to Pass, Vote 3-1.
Senator DeVries for the committee.
HB 1687, relative to the procedure for filling a vacancy among county officers.
Inexpedient to Legislate, Vote 2-2.
Senator DeVries for the committee.
REPORTS
COMMERCE, LABOR AND CONSUMER PROTECTION
SB 314, relative to the investment of public funds.
Ought to Pass with Amendment, Vote 5-0.
Senator Cilley for the committee.
SB 358-FN, relative to whistleblower protection and waste prevention in state government.
Ought to Pass with Amendment, Vote 5-0.
Senator Cilley for the committee.
SB 392-FN, requiring public hearings when insurance companies set base rate increases.
Ought to Pass with Amendment, Vote 3-1.
Senator Cilley for the committee.
SB 475-FN, relative to alcoholic beverage advertising restrictions.
Inexpedient to Legislate, Vote 3-2.
Senator DeVries for the committee.
SB 505-FN, establishing
the
Ought to Pass, Vote 3-2.
Senator Hassan for the committee.
EDUCATION
SB 347-FN, relative to ballot language for local adoption of a chartered public school.
Inexpedient to Legislate, Vote 3-0.
Senator Kelly for the committee.
SB 486-FN, relative to the school building aid program.
Ought to Pass with Amendment, Vote 3-0.
Senator Kelly for the committee.
SJR 3, in support
of the
Ought to Pass, Vote 4-0.
Senator Kelly for the committee.
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT
SB 393-FN-A, establishing
a
Interim Study, Vote 5-0.
Senator Fuller Clark for the committee.
SB 397-FN, relative to public utilities commission assessments for the expenses of the consumer advocate.
Ought to Pass with Amendment, Vote 5-0.
Senator Cilley for the committee.
SB 432, relative to technical changes in public utilities law concerning telecommunications.
Inexpedient to Legislate, Vote 6-0.
Senator Merrill for the committee.
SB 442, relative to the grant program to administer exotic aquatic plant prevention.
Ought to Pass with Amendment, Vote 6-0.
Senator Merrill for the committee.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
SB 449-FN, relative to ex parte communications of staff advocates and decisional employees in public utilities commission adjudicatory proceedings.
Ought to Pass with Amendment, Vote 2-0.
Senator Cilley for the committee.
SB 495-FN, relative to state competitive bidding practices.
Ought to Pass with Amendment, Vote 3-0.
Senator Fuller Clark for the committee.
SB 504-FN, relative to the effective date for the implementation of the retirement system employer assessments for excess benefits.
Ought to Pass, Vote 5-0.
Senator Cilley for the committee.
HB 1131, relative to requirements for firefighter certification.
Ought to Pass, Vote 4-0.
Senator DeVries for the committee.
HEALTH AND HUMAN SERVICES
SB 396-FN, limiting the use of child restraint practices in schools and treatment facilities.
Ought to Pass with Amendment, Vote 3-0.
Senator Gilmour for the committee.
JUDICIARY
SB 353-FN, relative to the procedure for administration of insolvent estates.
Ought to Pass with Amendment, Vote 5-0.
Senator Reynolds for the committee.
SB 439, making technical corrections and changes to court sites and names.
Ought to Pass with Amendment, Vote 5-0.
Senator Houde for the committee.
SB 458-FN, relative to enforcement of child support obligations.
Ought to Pass, Vote 5-0.
Senator Houde for the committee.
SB 472-FN, making the commission of certain murders eligible for the death penalty.
Interim Study, Vote 3-2.
Senator Reynolds for the committee.
PUBLIC AND MUNICIPAL AFFAIRS
SB 315, relative to the selection of members of the conservation commission.
Ought to Pass with Amendment, Vote 4-1.
Senator Houde for the committee.
SB 406, relative to merger of lots or parcels.
Ought to Pass, Vote 5-0.
Senator Sgambati for the committee.
SB 419, relative to conversion of convertible lands under the condominium act.
Ought to Pass with Amendment, Vote 4-0.
Senator DeVries for the committee.
SB 446, relative
to the governance of the
Ought to Pass, Vote 4-0.
Senator Barnes for the committee.
SB 447, relative to the residence requirement for town moderators and town clerks.
Ought to Pass with Amendment, Vote 5-0.
Senator Roberge for the committee.
SB 456-FN, relative to energy conservation in new building construction.
Interim Study, Vote 4-0.
Senator Houde for the committee.
SB 492-FN-L, extending the local property tax exemption for wooden poles and conduits.
Ought to Pass, Vote 4-1.
Senator Sgambati for the committee.
WAYS AND MEANS
SB 351-FN-A, exempting income derived from the sale of cattle from the business profits tax.
Inexpedient to Legislate, Vote 7-0.
Senator Reynolds for the committee.
SB 383-FN, relative to net operating loss carryovers under the business profits tax.
Ought to Pass with Amendment, Vote 6-1.
Senator Gilmour for the committee.
SB 389-FN-A, relative to the interest and dividends tax on certain distributions to investors in investment organizations.
Ought to Pass, Vote 7-0.
Senator Janeway for the committee.
SB 467-FN-A, establishing job creation incentives under the business profits tax and the business enterprise tax.
Ought to Pass, Vote 7-0.
Senator Bradley for the committee.
SB 473-FN, making distributions from limited liability companies, partnerships, and associations subject to the interest and dividends tax only if they have transferable shares, and requiring a reduction in general fund appropriations for the biennium ending June 30, 2011.
Inexpedient to Legislate, Vote 4-3.
Senator D'Allesandro for the committee.
SB 474-FN-A-L, changing the rate of the meals and rooms tax, repealing the meals and rooms tax on campsites, and requiring a reduction in general fund appropriations for the biennium ending June 30, 2011.
Ought to Pass with Amendment, Vote 7-0.
Senator Gilmour for the committee.
SB 476-FN, clarifying the business profits tax deduction for reasonable compensation.
Inexpedient to Legislate, Vote 4-3.
Senator Reynolds for the committee.
SB 483-FN-A, relative to the interpretation of Internal Revenue Code section 1031 as it relates to taxation under the business profits tax.
Ought to Pass with Amendment, Vote 7-0.
Senator D'Allesandro for the committee.
SB 490-FN, allowing historical racing.
Ought to Pass, Vote 5-2.
Senator Bradley for the committee.
SB 496-FN-A, changing the carry forward periods for the business enterprise tax credit against the business profits tax and increasing the threshold amounts for taxation under the business enterprise tax.
Inexpedient to Legislate, Vote 4-3.
Senator Reynolds for the committee.
SB 497-FN-A, changing the business profits tax deduction for reasonable compensation for partnerships, limited liability companies, and sole proprietorships and modifying the interest and dividends tax statute to follow the definitions of interest and dividends used in the United States Internal Revenue Code.
Ought to Pass, Vote 7-0.
Senator D'Allesandro for the committee.
SB 498-FN-A, relative to taxation of certain tobacco products and requiring a discount to wholesalers on cash purchases of tobacco tax stamps.
Inexpedient to Legislate, Vote 7-0.
Senator Odell for the committee.
SB 502-FN-A, requiring use of the federal tax treatment for deduction of costs of section 179 business property under the business profits tax.
Inexpedient to Legislate, Vote 3-3.
Senator Janeway for the committee.
SPECIAL ORDER AMENDMENT
Senate Education
February 16, 2010
2010-0773s
04/05
Amendment to SCR 2
Amend the title of the bill by replacing it with the following:
A RESOLUTION encouraging
Amend the resolution by replacing all after the resolving clause with the following:
Whereas, schools have the potential to make positive, tangible environmental change in the world while teaching students to be stewards of their communities, the earth, and its resources; and
Whereas, schools are important consumers of natural resources, including energy, water, food, and paper; and
Whereas, school districts expend financial resources on chemical pest control, cleaning supplies, energy, water, and office and school supplies; and
Whereas, school districts have a considerable opportunity and desire through their purchasing power to improve both the environment and its financial bottom line; and
Whereas, there is a tremendous opportunity to teach children about ecological sustainability, environmental health, and nutrition and support students to become leaders in making their own school a healthier and more ecologically friendly place; now, therefore, be it
Resolved by the Senate, the House of Representatives concurring:
That the general court urges school districts in
I. The development and adoption of an integrated pest management program and other policies to minimize or eliminate the use of hazardous pesticides and herbicides in schools;
II. An audit of cleaning materials and procedures used in schools and the development of a plan to use the least toxic substances and least wasteful procedures;
III. A program to ensure that new schools are built and existing schools refurbished following criteria that mandate the use of environmentally sound building material, the efficient use of energy, water, and other resources, and the creation of a healthy learning environment for children;
IV. A plan to improve the energy efficiency of schools and to increasingly rely on clean, renewable energy sources to power the school’s facilities; and
V. The creation of recycling and composting programs for school waste, along with the procurement of recycled office and classroom supplies; and
That the senate clerk send copies of this resolution to the
superintendents of each school administrative unit in
2010-0773s
AMENDED ANALYSIS
This concurrent resolution urges school districts in
AMENDMENTS
Commerce, Labor and Consumer Protection
March 4, 2010
2010-0914s
06/09
Amendment to SB 314
Amend the title of the bill by replacing it with the following:
AN ACT relative to the investment of public funds and relative to the payment of costs for certain bank services.
Amend the bill by replacing all after the enacting clause with the following:
1 State Treasurer and State Accounts; Investment of Funds. Amend RSA 6:8 to read as follows:
6:8 Investment of Funds.
I. All
funds over which the state has exclusive control, aside from such sums of money
as the treasurer may deem necessary to hold or deposit for meeting current
expenses, shall be invested by the treasurer, with the approval of the governor
and council, in obligations of the United States government, in obligations of
any county government, municipal government, or district or division thereof
within the
II. The treasurer may also invest public funds
in certificates of deposit which meet all of the following conditions:
(a) The funds are initially invested through a
federally insured bank chartered under the laws of
(b) The selected bank arranges for the deposit of
the funds in certificates of deposit in one or more federally insured financial
institutions located in the
(c) The full amount of principal and any accrued
interest of each such certificate of deposit is covered by federal deposit
insurance.
(d) The selected bank acts as custodian with
respect to such certificates of deposit issued for the account of the
treasurer.
(e) At the same time that the funds are deposited
and the certificates of deposit are issued, the selected bank receives an
amount of deposits from customers of other federally insured financial
institutions equal to or greater than the amount of the funds initially
invested through the selected bank by the treasurer.
2 New Paragraph;
V. As an alternative to the option of collateralization for excess funds provided in paragraph IV, the county treasurer may also invest public funds in certificates of deposit which meet all of the following conditions:
(a) The
funds are initially invested through a federally insured bank chartered under
the laws of
(b) The
selected bank arranges for the deposit of the funds in certificates of deposit
in one or more federally insured financial institutions located in the
(c) The full amount of principal and any accrued interest of each such certificate of deposit is covered by federal deposit insurance.
(d) The selected bank acts as custodian with respect to such certificates of deposit issued for the account of the treasurer.
(e) At the same time that the funds are deposited and the certificates of deposit are issued, the selected bank receives an amount of deposits from customers of other federally insured financial institutions equal to or greater than the amount of the funds initially invested through the selected bank by the treasurer.
3 Duties of Elected and Appointed Town Treasurers. Amend RSA 41:29, V to read as follows:
V.(a) The treasurer shall insure that prior to acceptance of any moneys for deposit or investment, including repurchase agreements, the federally insured bank shall make available at the time of such deposit or investment an option to have such funds secured by collateral having a value at least equal to the amount of such funds. Such collateral shall be segregated for the exclusive benefit of the town. Only securities defined by the bank commissioner as provided by rules adopted pursuant to RSA 386:57 shall be eligible to be pledged as collateral.
(b) As an alternative to the option of
collateralization for excess funds provided in subparagraph (a), the town
treasurer may also invest public funds in certificates of deposit which meets
all of the following conditions:
(1)
The funds are initially invested through a federally insured bank chartered
under the laws of
(2)
The selected bank arranges for the deposit of the funds in certificates of
deposit in one or more federally insured financial institutions located in the
(3)
The full amount of principal and any accrued interest of each such certificate
of deposit is covered by federal deposit insurance.
(4)
The selected bank acts as custodian with respect to such certificates of
deposit issued for the account of the treasurer.
(5)
At the same time that the funds are deposited and the certificates of deposit
are issued, the selected bank receives an amount of deposits from customers of
other federally insured financial institutions equal to or greater than the
amount of the funds initially invested through the selected bank by the
treasurer.
4 New Paragraph; City Treasurer; Duties. Amend RSA 48:16 by inserting after paragraph V the following new paragraph:
VI. As an alternative to the option of collateralization for excess funds provided in paragraph V, the treasurer may also invest public funds in certificates of deposit which meet all of the following conditions:
(a) The
funds are initially invested through a federally insured bank chartered under
the laws of
(b) The
selected bank arranges for the deposit of the funds in certificates of deposit
in one or more federally insured financial institutions located in the
(c) The full amount of principal and any accrued interest of each such certificate of deposit is covered by federal deposit insurance.
(d) The selected bank acts as custodian with respect to such certificates of deposit issued for the account of the treasurer.
(e) At the same time that the funds are deposited and the certificates of deposit are issued, the selected bank receives an amount of deposits from customers of other federally insured financial institutions equal to or greater than the amount of the funds initially invested through the selected bank by the treasurer.
5 New Paragraph; School Meetings and Officers; Treasurer's Duties. Amend RSA 197:23-a by inserting after paragraph IV the following new paragraph:
V. As an alternative to the option of collateralization for excess funds provided in paragraph IV, the treasurer may also invest public funds in certificates of deposit which meet all of the following conditions:
(1) The
funds are initially invested through a federally insured bank chartered under
the laws of
(2) The selected
bank arranges for the deposit of the funds in certificates of deposit in one or
more federally insured financial institutions located in the
(3) The full amount of principal and any accrued interest of each such certificate of deposit is covered by federal deposit insurance.
(4) The selected bank acts as custodian with respect to such certificates of deposit issued for the account of the treasurer.
(5) At the same time that the funds are deposited and the certificates of deposit are issued, the selected bank receives an amount of deposits from customers of other federally insured financial institutions equal to or greater than the amount of the funds initially invested through the selected bank by the treasurer.
6 Bank Services. Amend RSA 6:7-a to read as follows:
6:7-a
Cost of Bank Services. The state
treasurer may pay for the cost of bank services, securities transactions fees,
and investment management fees from income generated by the treasury department. If the income generated is insufficient to
pay for the cost of bank services, security transaction fees, and investment
management fees, payment may be made from funds not otherwise appropriated
until such time as the income generated is sufficient to pay for the costs and
fees. If the income generated is
insufficient to pay for the costs and fees at the end of the fiscal year, the
governor may draw a warrant from funds not otherwise appropriated in an amount
to cover the deficiency.
7 Effective Date. This act shall take effect 60 days after its passage.
2010-0914s
AMENDED ANALYSIS
This bill:
I. Permits the state and its political subdivisions to invest in certain certificates of deposit.
II. Permits the state treasurer to pay the cost of bank services from funds not otherwise appropriated.
Public and Municipal Affairs
March 4, 2010
2010-0905s
10/09
Amendment to SB 315
Amend RSA 36-A:3 as inserted by section 1 of the bill by replacing it with the following:
36-A:3 Composition of Commission. The commission shall consist of not
less than 3 nor more than 7 members. In
a town which has a planning board, one member of the commission may also be on
the planning board. In a city which has
a planning board, one member of the commission may be on the planning
board. In cities, the members of the
commission [shall] may be either elected or appointed
by the mayor subject to the provisions of the city charter, and in towns the
members of the commission [shall] may be elected or appointed
by the selectmen. Alternate members may
be elected
or appointed in a like manner and when the alternate serves in the
absence or disqualification of a regular member, the alternate shall have full
voting powers. When a commission is
first established, terms of the members shall be for one, 2, or 3 years, and so
arranged that the terms of approximately 1/3 of the members will expire each
year, and their successors shall be elected or appointed for terms of 3
years each. Any member of a commission
so appointed may, after a public hearing, if requested, be removed for cause by
the appointing authority. A vacancy
occurring otherwise than by expiration of a term shall be filled for the
unexpired term in the same manner as an original election or appointment. Members of a conservation commission shall be
residents of the city or town which they represent. Members of a conservation commission also may
serve on other municipal boards and commissions, including, but not limited to
a historic district commission established under RSA 673:4, and a heritage
commission established under RSA 673:4-a.
Senate Judiciary
March 3, 2010
2010-0881s
09/01
Amendment to SB 353-FN
Amend RSA 554:19, I(d) as inserted by section 3 of the bill by replacing it with the following:
(d) Just debts of the deceased, including claims for medical assistance made by the department of health and human services.
Commerce, Labor and Consumer Protection
March 4, 2010
2010-0912s
05/10
Amendment to SB 358-FN
Amend the bill by replacing section 1 with the following:
1 New Subdivision; Whistleblowers’ Protection Act; Investigation by Department of Labor. Amend RSA 275-E by inserting after section 7 the following subdivision:
Public Employee Complaint Investigation Process
275-E:8 Complaint Investigation by Department of Labor.
I. The department of labor shall have the authority to receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, abuse in the expenditure of any public funds, whether state or local, or relating to programs and operations involving the procurement of any supplies, services or construction by governmental entities within the state.
II. The labor commissioner shall make an initial determination as to whether a complaint received under paragraph I is without merit, unfounded, or in need of further information, in which case, the complaint may be dismissed without further action, or held until such time as additional information is received, or dismissed if no further information is received within the time period specified by the commissioner. If the labor commissioner makes an initial determination that the complaint has merit and warrants further investigation, the labor commissioner may undertake such investigation or refer the matter to the appropriate enforcement authority. The identity of the person who filed the complaint shall not be disclosed without his or her written consent, unless such disclosure is to a law enforcement agency that is conducting a criminal investigation.
III. If the labor commissioner undertakes further investigation of the complaint, the commissioner shall have access to all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence, including information or data that is deemed necessary by the commissioner to carry out the investigation and is a matter of public record. Confidential information may be accessed on behalf of the labor commissioner by the agency having authority to review such materials or records. If no agency is available or cannot be determined based on the nature of the investigation, the matter shall be referred to the attorney general or other law enforcement authority for further investigation. The labor commissioner may request such information, cooperation, and assistance from any state, county, or local governmental agency and may coordinate activities with the attorney general’s office. In carrying out his or her duties and responsibilities, the labor commissioner shall report to the attorney general or the United States Attorney or both, any suspected violation of state or federal law.
IV. No governmental entity shall take any retaliatory action against a public employee who, in good faith, files a complaint under this section and the public employee shall be afforded all protections under RSA 275-E:2.
V. If the originating employee’s complaint results in a savings of public funds, the public employee shall be entitled to 25 percent of the estimated savings, up to $2,000. The department of labor shall record the date and time that complaints are received so that, if the department receives multiple complaints regarding the same matter, the originating employee can be determined. If multiple complaints are received at essentially the same time, the labor commissioner shall divide the savings in a proportional manner. In such cases, the employees shall be awarded 25 percent of the estimated savings, up to $2,000 per employee, and not to exceed $6,000 in total funds distributed.
VI. The labor commissioner shall adopt rules under RSA 541-A relative to the complaint investigation process established in this section, including the administrative procedure used for responding to complaints, gathering additional information, rendering decisions, and awarding a portion of any savings generated by a complaint filed under this section to an employee.
VII. For purposes of this subdivision, the labor commissioner shall include any person designated by the labor commissioner to carry out the investigation authorized by this section. Public employee shall mean any employee of a governmental entity, as defined in RSA 275-E:1, III.
275-E:9 Protection of Public Employees. No governmental entity shall threaten, discipline, demote, fire, transfer, reassign, or discriminate against a public employee who files a complaint with the department of labor under RSA 275-E:8 or otherwise discloses or threatens to disclose activities or information that the employee reasonably believes shows a violation of existing state or federal laws or regulations, represents a gross mismanagement or waste of public funds, property, or manpower, or evidences an abuse of authority or a danger to the public health and safety. Any public employee who files such a complaint or makes such a disclosure shall be entitled to all rights and remedies provided by this chapter.
2010-0912s
AMENDED ANALYSIS
The bill expands the provisions of the whistleblower protection act to include employees who object to or refuse to participate in any activity that the employee believes is a violation of law or incompatible with a clear mandate of public policy. This bill also authorizes the labor commissioner to investigate allegations of fraud, abuse, or waste in the expenditure of public funds and adds additional protections to the whistleblower protection act for public employees who file such complaints.
Senate Ways and Means
March 4, 2010
2010-0891s
01/04
Amendment to SB 383-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to net operating loss carryovers under the business profits tax and relative to economic revitalization zone tax credits.
Amend the bill by replacing all after section 1 with the following:
2 Repeal of Prospective Repeal. The following are repealed:
II. 2007, 263:176, X, relative to the effective date of 2007, 263:123.
3 Designation of Economic Revitalization Zone. Amend RSA 162-N:2, I(b) to read as follows:
(b) The
median household income in the census tract or tracts in which the zone is
located is less than [$40,500] 80 percent of the state median household
income according to the most recent federal decennial census.
4 Determination of Economic Revitalization Zone Tax Credits Eligible Amount. Amend the introductory paragraph of RSA 162-N:6, II(d) to read as follows:
(d) 4
percent of the [lesser] greater of the following:
5 Effective Date. This act shall take effect July 1, 2010.
2010-0891s
AMENDED ANALYSIS
This bill limits the amount of net operating loss generated in a tax year that may be carried forward under the business profits tax to $10,000,000.
The bill also repeals the 2011 repeal of the economic revitalization zone tax credits and makes certain changes regarding the eligibility for and determination of the eligible amounts for the credits.
Commerce, Labor and Consumer Protection
March 4, 2010
2010-0915s
06/09
Amendment to SB 392-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring public hearings concerning health care cost increases in health care services.
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Insurance; Requested Information. Amend RSA 420-G:14-a by inserting after paragraph IV the following new paragraphs:
V. The
commissioner shall hold an annual public hearing concerning private and public
health care payer costs and cost trends and health care provider costs and cost
trends for the purpose of identifying and quantifying the factors that
contribute to cost increases in health insurance premiums and health care
services in
VI. The
commissioner shall prepare an annual report concerning health care cost drivers
and cost trends. The annual report shall
be designed to allow policymakers to develop strategies to contain the increase
of health care costs without negatively affecting access to health care
services or health care quality. On an annual basis, the report shall identify
and quantify spending trends and shall identify and quantify the underlying
factors that contributed to the growth of health care costs and increases in
health insurance premiums. The report
shall include recommendations and strategies for increasing the efficiency of
2 Effective Date. This act shall take effect 60 days after its passage.
2010-0915s
AMENDED ANALYSIS
This bill requires the insurance commissioner to hold an annual
public hearing concerning health care costs to identify and quantify the
factors contributing to cost increases in health care services in
Health and Human Services
March 2, 2010
2010-0864s
05/04
Amendment to SB 396-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Statement of
Purpose. The purpose of this chapter is
to eliminate child restraint techniques which endanger children and to promote
the overall reduction of the use of restraint of children in schools and
treatment facilities in
2 New Chapter; Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities. Amend RSA by inserting after chapter 126-S the following new chapter:
CHAPTER 126-T
LIMITING THE USE OF CHILD RESTRAINT PRACTICES
IN SCHOOLS AND TREATMENT FACILITIES
126-T:1 Definitions. In this chapter:
I. “Child” means a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 17 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, 169-B:25, or 169-B:26.
II. “Director” refers to the program director, school principal, or other official highest in rank and with authority over the activities of a school or facility.
III. “Facility” includes any of the following when used for the placement, custody, or treatment of children:
(a) The youth services center maintained by the department of health and human services, or any other setting established for the commitment or detention of children pursuant to RSA 169-B, 169-C, or 169-D.
(b) Child care agencies regulated by RSA 170-E.
(c) Any foster home, group home, crisis home, or shelter care setting used for the placement of children at any stage of proceedings under RSA 169-B, 169-C, or 169-D or following disposition under those chapters.
(d) Any hospital, building, or other place, whether public or private, which is part of the state services systems established under RSA 135-C:3 and 171-A:4, including but not limited to:
(1) The Anna Philbrook center.
(2) The acute psychiatric services building.
(3) Any designated receiving facility.
(4) A community mental health center as defined in RSA 135-C:7, or any of its subdivisions or contractors.
(5) An area agency as defined in RSA 171-A:2, or any of its subdivisions or contractors.
(e) Any residence, treatment center, or other place used for the voluntary or involuntary custody, treatment or care of children with developmental, intellectual, or other disabilities under RSA 171-A or 171-B.
(f) Community living facilities for persons with developmental disabilities or mental illness as authorized by RSA 126-A:19, when used for the placement of children.
IV. “Restraint” means bodily physical restriction, mechanical devices, or any device that unreasonably limits freedom of movement. It includes mechanical restraint, physical restraint, and medication restraint used to control behavior in an emergency or any involuntary medication.
(a) “Medication restraint” occurs when a child is given medication involuntarily for the purpose of immediate control of the child’s behavior.
(b) “Mechanical restraint” occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.
(c) “Physical restraint” occurs when a manual method is used to restrict a child’s freedom of movement or normal access to his or her body.
(d) Restraint shall not include:
(1) Holding a child to calm or comfort the child, holding a child’s hand or arm to escort the child safely from one area to another, or intervening in an ongoing assault or fight.
(2) Brief periods of physical restriction by
person-to-person contact, without the aid of medication or mechanical
restraints, accomplished with minimal force and designed either to prevent a
child from completing an act that potentially would result in physical harm to
himself or herself or to another person, or to remove a disruptive child who is
unwilling to leave an area voluntarily.
(3) Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a person from falling out of bed, or to permit a child to participate in activities without the risk of physical harm.
(4) The use of seat belts, safety belts, or similar passenger restraints during the transportation of a child in a motor vehicle.
(5) The use of force by a person to defend himself or herself or a third person from what the actor reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he or she reasonably believes to be necessary for such purpose.
V. “School” means:
(a) A school operated by a school district.
(b) A chartered public school governed by RSA 194-B.
(c) A public academy as defined in RSA 194:23, II.
(d) A nonpublic school subject to the approval authority of the state board of education under RSA 186:11, XXIX.
(e) A private or public provider of any component of a child’s individualized education program under RSA 186-C.
VI. “Serious injury” means any harm to the body which requires hospitalization or results in the fracture of any bone, non-superficial lacerations, injury to any internal organ, second- or third-degree burns, or any severe, permanent, or protracted loss of or impairment to the health or function of any part of the body.
126-T:2 Written Policies Required. Each facility and school shall have a written policy and procedures for managing the behavior of children. Such policy shall describe how and under what circumstances restraint is used and shall be provided to the parent, guardian, or legal representative of each child at such facility or school.
126-T:3 Post Admission Planning in Facilities.
I. As soon as possible after admission to a facility, the treatment staff of the facility, the child, and the child’s parent or guardian shall develop a plan to:
(a) Identify the child’s history of physical, sexual, or emotional trauma, if any.
(b) Identify effective responses to potential behavior or situations which will avoid the use of restraint.
(c) Identify health conditions which may make the child vulnerable to injury while at the facility.
II. The plan described in this section is not required if the child is expected to be at the facility for fewer than 72 hours and, after conducting a reasonable inquiry, the staff of the facility is not informed of any history of the use of restraint of the child.
126-T:4 Prohibition of Dangerous Restraint Techniques. No school or facility shall use or threaten to use any of the following restraint and behavior control techniques:
I. Any physical restraint or containment technique that:
(a) Obstructs a child’s respiratory airway or impairs the child’s breathing or respiratory capacity or restricts the movement required for normal breathing;
(b) Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;
(c) Obstructs the circulation of blood;
(d) Involves pushing on or into the child’s mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or
(e) Endangers a child’s life or significantly exacerbates a child’s medical condition.
II. The intentional infliction of pain, including the use of pain inducement to obtain compliance.
III. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.
IV. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.
126-T:5 Limitation of the Use of Restraint to Emergencies Only.
I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. It shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.
II. Restraint shall never be used explicitly or implicitly as punishment for the behavior of a child.
126-T:6 Schools Limited to Physical Restraint. Use of restraint in schools shall be limited to physical restraint as permitted by this chapter. Schools shall not use medication restraint and shall not use mechanical restraint except as otherwise permitted in the transportation of children pursuant to RSA 126-T:12.
126-T:7 Notice and Record-Keeping Requirements.
I. The facility or school shall make reasonable efforts to orally notify the parent or guardian of a child whenever restraint has been used on the child.
II. A facility or school employee who uses restraint shall, within 24 hours, or, if the use of restraint occurs on a Saturday, Sunday, or legal holiday, within 48 hours after the occurrence, submit a written report containing the following information to the director or his or her designee:
(a) The date, time, and duration of the use of restraint.
(b) A description of the actions of the child before, during, and after the occurrence.
(c) A description of any other relevant events preceding the use of restraint, including the justification for initiating the use of restraint.
(d) The names of the persons involved in the occurrence.
(e) A description of the actions of the facility or school employees involved before, during, and after the occurrence.
(f) A description of any interventions used prior to the use of the restraint.
(g) A description of the restraint used, including any hold used and the reason the hold was necessary.
(h) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of restraint.
(i) A description of any property damage associated with the occurrence.
(j) A description of actions taken to address the emotional needs of the child during and following the restraint incident.
(k) A description of future actions to be taken to control the child’s problem behaviors.
(l) The name and position of the employee completing the report.
III. The director or his or her designee shall, within 24 hours, or, if the use of restraint occurs on a Saturday, Sunday, or legal holiday, within 48 hours after the occurrence, send or transmit by first class mail or electronic transmission to the child’s parent or guardian the information contained in the report required in paragraph II. Each report prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under RSA 541-A by the state board of education and the department of health and human services.
126-T:8 Review of Restraint Records by Department of Education. The state board of education shall adopt rules, pursuant to RSA 541-A, establishing a process for regular review of records of restraint usage kept by schools, preparation of publicly available periodic summaries of restraint usage, including publication on the department of education website, and providing a process for complaints and investigations of reports of improper use of restraint in schools.
126-T:9 Review of Restraint Records by Department of Health and Human Services. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, establishing a process for regular review of records of restraint usage kept by facilities, preparation of publicly available periodic summaries of restraint usage, including publication on the department of health and human services website, and providing a process for complaints and investigations of reports of improper use of restraint in facilities.
126-T:10 Injury or Death During Incidents of Restraint.
I. In cases involving serious injury or death to a child subject to restraint in a facility, the facility shall, in addition to the provisions of RSA 126-T:7, notify the commissioner of the department of health and human services, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities. Such notice shall include the report required in RSA 126-T:7, II.
II. In cases involving serious injury or death to a child subject to restraint in a school, the school shall, in addition to the provisions of RSA 126-T:7, notify the commissioner of the department of education, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities. Such notice shall include the report required in RSA 126-T:7, II.
126-T:11 Authorization and Monitoring of Extended Restraint. In a school or facility:
I. Restraint shall not be imposed for longer than is necessary to protect the child or others from the substantial and imminent risk of serious bodily harm.
II. Children in restraint shall be the subject of continuous direct observation by personnel trained in the safe use of restraint.
III. No period of restraint of a child may exceed 15 minutes without the approval of the director or a supervisory employee designated by the director to provide such approval.
IV. No period of restraint of a child may exceed 30 minutes unless a face-to-face assessment of the mental, emotional, and physical well-being of the child is conducted by the facility or school director or by a supervisory employee designated by the director who is trained to conduct such assessments. The assessment shall also include a determination of whether the restraint is being conducted safely and for a purpose authorized by this chapter. Such assessments shall be repeated at least every 30 minutes during the period of restraint. Each such assessment shall be documented in writing and such records shall be retained by the facility or school as part of the report required in RSA 126-T:7, II.
126-T:12 Restriction of the Use of Mechanical Restraint During the Transport of Children.
I. A school or facility shall not use mechanical restraints during the transportation of children unless case-specific circumstances dictate that such methods are necessary.
II. Whenever a child is transported to a location outside a school or facility, the director shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort the child in a manner which:
(a) Prevents physical and psychological trauma;
(b) Respects the privacy of the child; and
(c) Represents the least restrictive means necessary for the safety of the child.
III. Whenever a child is transported using mechanical restraints, the director shall document in writing the reasons for the use of mechanical restraints. Such documentation shall be treated as a report of restraint under RSA 126-T:7.
126-T:13 Restriction of the Use of Mechanical Restraint in Courtrooms. At any hearing under RSA 169-B, 169-C, or 169-D, the judge may subject a child to mechanical restraint in the courtroom only when the judge finds the restraint to be reasonably necessary to maintain order, prevent the child’s escape, or provide for the safety of the courtroom. Whenever practical, the judge shall provide the child and the child’s attorney an opportunity to be heard to contest the use of mechanical restraint before the judge orders its use. If mechanical restraint is ordered, the judge shall make written findings of fact in support of the order.
3 Effective Date. This act shall take effect September 1, 2010.
Energy, Environment, and Economic Development
March 4, 2010
2010-0909s
08/09
Amendment to SB 397-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Office of the Consumer Advocate. Amend RSA 363:28, III to read as follows:
III. The consumer
advocate shall have authority to contract for outside consultants within the
limits of funds available to the office.
With the approval of the fiscal committee of the general court and the
governor and council, the office of the consumer advocate may employ experts to
assist it in proceedings before the public utilities commission, and may pay
them reasonable compensation. The public utilities commission shall charge a
special assessment for any such amounts against any utility participating in
such proceedings and shall provide for the timely recovery of such amounts for
the affected utility.
2 Effective Date. This act shall take effect upon its passage.
2010-0909s
AMENDED ANALYSIS
This bill requires the public utilities commission to charge an assessment to compensate experts employed by the office of the consumer advocate for commission proceedings against a utility participating in such proceedings and to provide for a timely recovery of such amounts.
Public and Municipal Affairs
March 4, 2010
2010-0906s
10/09
Amendment to SB 419
Amend the bill by replacing all after section 1 with the following:
2 Applicability. Section 1 of this act shall not apply if the period for conversion has expired prior to the effective date of this act.
3 Effective Date. This act shall take effect upon its passage.
Senate Judiciary
March 3, 2010
2010-0880s
09/01
Amendment to SB 439
Amend the bill by deleting section 2 and renumbering the original sections 3-7 to read as 2-6, respectively.
Energy, Environment and Economic Development
March 4, 2010
2010-0908s
08/09
Amendment to SB 442
Amend RSA 487:26 as inserted by section 1 of the bill by replacing it with the following:
487:26 Grant Program
Established. There is hereby established
a grant program to be administered by the department of environmental services
for the allocation of money to state agencies, non-profit organizations, and
municipalities or political subdivisions of the state which seek to administer
a milfoil and other exotic aquatic plants prevention program, and to
institutions of higher learning which seek to conduct research on milfoil and
other exotic aquatic plants remediation techniques. The grant program shall be funded by the
portion of the lake restoration and preservation fund, established in RSA
487:25, and allocated to the milfoil and other exotic aquatic plants prevention
program. [Up to 2/3] A
minimum of 3/4 of the moneys distributed from the fund to the milfoil
and other exotic aquatic plants prevention program shall be allocated for the
purposes of milfoil and other exotic aquatic plants prevention and the
remainder shall be allocated to milfoil and other exotic aquatic plants
remediation research. Of the moneys in
the milfoil and other exotic aquatic plants prevention program, the moneys
allocated specifically for the purposes of the milfoil and other exotic aquatic
plants prevention shall be distributed upon approval of the commissioner of the
department of environmental services and the commissioner of safety. Of the moneys in the milfoil and other exotic
aquatic plants prevention program, the moneys allocated specifically for the
purposes of milfoil and other exotic aquatic plants remediation research shall
be distributed upon approval of the commissioner of the department of
environmental services.
2010-0908s
AMENDED ANALYSIS
This bill increases the money distributed from the lake restoration and preservation fund that is allocated to the prevention of milfoil and other exotic aquatic plants.
Public and Municipal Affairs
March 4, 2010
2010-0904s
06/01
Amendment to SB 447
Amend the title of the bill by replacing it with the following:
AN ACT relative to the residence requirement for assistant town moderators and assistant town clerks.
Amend RSA 658:14 as inserted by section 1 of the bill by replacing it with the following:
658:14 Officers. The
moderator shall appoint an assistant moderator for each additional polling
place and the town clerk shall appoint an assistant clerk for each additional
polling place. Each assistant moderator
and assistant clerk shall have their domicile in the [voting district] municipality
covered by the additional polling place [where they will serve].
The powers and duties of the assistant
moderator and the assistant clerk shall be the same as those of the moderator
and the clerk at the central polling place except as otherwise provided in the
election laws. The inspectors of
elections appointed as provided in RSA 658:2 shall be sworn in by the assistant
moderator before entering upon their duties.
2010-0904s
AMENDED ANALYSIS
This bill changes the residence requirement for assistant town moderators and assistant town clerks.
Senate Executive Departments and Administration
March 3, 2010
2010-0884s
06/09
Amendment to SB 449-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the designation of staff members as staff advocates in public utilities commission adjudicatory proceedings.
Amend the bill by replacing section 1 with the following:
1 Designation of Employees. RSA 363:32 is repealed and reenacted to read as follows:
363:22 Designation of Employees.
I. Whenever the commission conducts an adjudicative proceeding in accordance with the provisions of RSA 541-A:31 through RSA 541-A:35, the commission shall designate one or more members of its staff as a staff advocate, as defined in RSA 363:30, VIII, if requested by a party with full rights of participation in the proceeding, or upon its own initiative, when the commission determines that such members of its staff may not be able to fairly and neutrally advise the commission on all positions advanced in the proceeding.
II. Whenever the commission conducts an adjudicative proceeding in accordance with the provisions of RSA 541-A:31 through RSA 541-A:35, the commission may designate one or more members of its staff as a staff advocate, as defined in RSA 363:30, VIII, if requested by a party with full rights of participation in the proceeding, or upon its own initiative, at any time for good reason, including that: the proceeding is particularly controversial and significant in consequence; the proceeding is so contentious as to create a reasonable concern about staff's role; or it appears reasonable that such designations may increase the likelihood of a stipulated agreement by the parties.
III. Whenever the commission conducts an adjudicative proceeding in accordance with the provisions of RSA 541-A:31 through RSA 541-A:35, the commission may designate one or more members of its staff as a decisional employee, as defined in RSA 363:30, III, when the commission determines that such designation will contribute to the prompt and orderly conduct of the proceeding or is otherwise in the public interest.
IV. Unless the commission provides otherwise, any such designations shall only be applicable to a specified adjudicative proceeding. The commission shall make a list of all current designations available to the public.
2010-0884s
AMENDED ANALYSIS
This bill clarifies when staff members may be designated as staff advocates or decisional employees in adjudicatory proceedings of the public utilities commission.
Senate Ways and Means
March 4, 2010
2010-0890s
01/04
Amendment to SB 474-FN-A-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT repealing the meals and rooms tax on campsites.
Amend the bill by replacing all after the enacting clause with the following:
1 Meals and Rooms Tax; Definition of Hotel; Campsites. Amend the introductory paragraph of RSA 78-A:3, III to read as follows:
campsites,] chalets, barracks, dormitories,
and apartments. The term does not
include the following:
2 Effective Date. This act shall take effect July 1, 2010.
2010-0890s
AMENDED ANALYSIS
This bill repeals the meals and rooms tax on campsites.
Senate Ways and Means
March 4, 2010
2010-0892s
01/03
Amendment to SB 483-FN-A
Amend the bill by replacing section 3 with the following:
3 Effective Date. This act shall take effect upon its passage.
Senate Education
March 4, 2010
2010-0911s
04/10
Amendment to SB 486-FN
Amend the bill by replacing all after the enacting clause with the following:
1 School Building Aid; Alternative School Building Aid.
I. Notwithstanding RSA 198:15-a through RSA 198:15-hh and RSA 198:15-u through RSA 198:15‑w, and notwithstanding the school building aid funding provisions of 2009, 144:11, the commissioner of the department of education shall issue no school building aid or alternative school building aid for any project approved on or after June 30, 2010 until June 30, 2011.
II. The department of education, in consultation with the state fire marshal, may grant a waiver to the suspension of school building aid under paragraph I if the local fire chief or state or local fire marshal or designee determines, based on reasonable information and belief, that the condition of such school constitutes a clear or imminent danger to the life or safety of occupants or other persons.
2 New Paragraph; Committee to Study the School Building Aid Grant Program. Amend 2009, 144:13 by inserting after paragraph III the following new paragraph:
III-a. The committee shall continue to solicit and consider public input on the goals, procedures, and operation of the school building aid grant program.
3 Effective Date.
I. Section 1 of this act shall take effect June 30, 2010.
II. The remainder of this act shall take effect upon its passage.
2010-0911s
AMENDED ANALYSIS
This bill:
I. Provides that no school building aid or alternative school building aid grants shall be made to school districts for projects approved on or after June 30, 2010 until June 30, 2011.
II. Provides that the department of education, in consultation with the state fire marshal, may grant a waiver to the suspension of school building aid if the local fire chief or state or local fire marshal or designee determines, based on reasonable information and belief, that the condition of such school constitutes a clear or imminent danger to the life or safety of occupants or other persons.
III. Requires the committee to study the school building aid grant program to continue to solicit and consider public input on the goals, procedures, and operation of the school building aid grant program.
Senate Executive Departments and Administration
March 3, 2010
2010-0879s
05/01
Amendment to SB 495-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a task force on state procurement policies and procedures.
Amend the bill by replacing all after the enacting clause with the following:
1 Task Force Established. There is established a task force on state procurement policies and procedures, the purpose of which shall be to study procurement preference systems.
2 Members.
I. The task force shall consist of the following members:
(a) The commissioner of the department of administrative services, or designee.
(b) The commissioner of the department of resources and economic development, or designee.
(c) The attorney general, or designee.
(d) The commissioner of transportation, or designee.
(e) The commissioner of the department of labor, or designee.
(f) Three representatives of New Hampshire-based businesses, appointed by the governor, to include:
(1) One representative of the Associated
General Contractors of
(2) One representative of the New Hampshire/Vermont chapter of the Associated Builders and Contractors, Inc.
(g) Three representatives of organized labor, appointed by the governor, to include:
(1) One representative of the New Hampshire AFL-CIO.
(2) One representative of the State Employees’ Association of New Hampshire, Inc.
(3)
One representative of the
(h) One public member, appointed by the governor.
(i) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(j) Two members of the senate, appointed by the senate president.
II. Members of the task force shall serve without compensation; except that legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.
3 Duties and Recommendations.
I. The task force shall:
(a) Review
all state procurement policies and procedures, seeking input from
(b) Review procurement preference systems in other states.
(c) Consider whether the state's procurement procedures or policies present unnecessary barriers that prevent New Hampshire-based businesses, particularly small businesses, from competing for state contracts.
(d) Consider whether state procurement procedures should award preferences to New Hampshire-based businesses bidding on state contracts and assess any constitutional or legal limitations on such preferences.
(e) Consider whether state procurement procedures should award preferences to companies providing sustainable wages and health insurance to their workers.
(f) Solicit testimony from members of the public and others with information and expertise relevant to the task force’s study.
II. In making its recommendation, the task force shall consider:
(a) The
potential for increased costs incurred by the state as the result of giving a
preference to
(b) The potential for cost savings or other state benefits resulting from implementation of a procurement preference system.
(c) Whether such policies could have a negative impact on New Hampshire-based businesses competing for contracts in other states.
(d) Whether adoption of a procurement preference system should be limited to certain goods and services.
(e) The type of preference, if any, that may be offered to businesses that are based in New Hampshire or that provide sustainable wages and health insurance to their workers.
(f) Guidelines or criteria for determining what constitutes a New Hampshire-based business.
4 Chairperson; Quorum. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named senate member and shall be held within 45 days of the effective date of this section. Nine members of the task force shall constitute a quorum.
5 Report. The task force shall submit its findings and recommendations, including any recommendations for further legislation, to the senate president, the speaker of the house of representatives, the governor, and the state library on or before November 1, 2011.
6 Effective Date. This act shall take effect upon its passage.
2010-0879s
AMENDED ANALYSIS
This bill establishes a task force on state procurement policies and procedures.
HEARINGS
MONDAY, MARCH 8, 2010
COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
8:30 a.m. SB 435, relative to the provision of caller locations in emergency situations.
(Note time change for SB 435)
8:45 a.m. SB 416, relative to the state minimum hourly wage applicable to tipped restaurant employees.
9:00 a.m. SB 421, relative to the laws regulating
trusts and trust companies in
9:15 a.m. SB 380, relative to the definition of permissible fireworks.
(Note time change for SB 380)
9:30 a.m. SB 459, relative to medical payments coverage.
EXECUTIVE SESSION MAY
FOLLOW
EDUCATION, Room 103, LOB
Sen. Kelly (C), Sen. Merrill (VC), Sen. Fuller Clark, Sen. Lasky, Sen. Bragdon, Sen. Letourneau
3:00 p.m. SB 503, relative to unique pupil identification.
(the previous hearing for SB 503 was recessed on March 2nd)
3:15 p.m. SCR 3, congratulating the Boy Scouts of America on the occasion of its 100th anniversary.
EXECUTIVE SESSION MAY
FOLLOW
ELECTION LAW AND VETERANS' AFFAIRS, Room 101, LOB
Sen. Lasky (C), Sen. Houde (VC), Sen. Merrill, Sen. Barnes, Sen. Carson
8:30 a.m. SB 508, establishing the state office of veterans services.
8:40 a.m. SB 509, establishing the
EXECUTIVE SESSION MAY
FOLLOW
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB
Sen. Cilley (C), Sen. Fuller Clark (VC), Sen. DeVries, Sen. Downing, Sen. Carson
2:00 p.m. SB 348, establishing the opticians governing board in the office of licensed allied health professionals.
2:20 p.m. SB 440, relative to executive branch ethics.
2:40 p.m. SB 453, relative to air quality in ice rinks.
3:00 p.m. SB 494, relative to legislative study committees.
3:20 p.m. SJR 2, endorsing the establishment of a statewide retiree medical trust for public employee health care reimbursement benefits after retirement.
EXECUTIVE SESSION MAY
FOLLOW
WEDNESDAY, MARCH 10, 2010
JUDICIARY, Room 103, SH
Sen. Reynolds (C), Sen. Lasky (VC), Sen. Houde, Sen. Roberge, Sen. Letourneau
1:00 p.m. or Immediately Following Session.
EXECUTIVE SESSION ON PENDING LEGISLATION
THURSDAY, MARCH 11, 2010
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 102, LOB
Sen. Fuller Clark (C), Sen. Merrill (VC), Sen. Cilley, Sen. Lasky, Sen. Odell, Sen. Bradley
8:30 a.m. SB 366, relative to size limitations on OHRVs operating on state-owned trails.
(the previous hearing for SB 366 was recessed on January 28th)
9:00 a.m. SB 301, relative to combustion of untreated wood at municipal transfer stations.
9:30 a.m. SB 370, relative to sewage disposal systems.
EXECUTIVE SESSION MAY
FOLLOW
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
10:30 a.m. SB 450-FN, relative to costs and expenditures at the department of health and human services.
10:45 a.m. SB 511-FN-A, relative to an exemption from the tax on gambling winnings.
11:00 a.m. SB 512-FN, relative to the community
college system of
EXECUTIVE SESSION MAY
FOLLOW
PUBLIC AND MUNICIPAL AFFAIRS, Room 103, LOB
Sen. DeVries (C), Sen. Houde (VC), Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. SB 328, relative to approval procedures on plats.
8:45 a.m. SB 506, ceding concurrent jurisdiction
to the
EXECUTIVE SESSION MAY
FOLLOW
MONDAY, MARCH 15, 2010
ENERGY, ENVIRONMENT AND ECONOMIC DEVELOPMENT, Room 102, LOB
Sen. Fuller Clark (C), Sen. Merrill (VC), Sen. Cilley, Sen. Lasky, Sen. Odell, Sen. Bradley
2:00 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION
SB 334, establishing a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
TUESDAY, MARCH 16, 2010
COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
8:30 a.m. SB 408, relative to purchasing alliances.
8:45 a.m. SB 420, relative to the use of mail-order pharmacies for prescription drug benefits under accident and health insurance policies and plans.
9:00 a.m. SB 436, relative to health insurance open enrollment periods and establishing a commission relative to children's health insurance.
9:15 a.m. SB 468, relative to tort reform.
EXECUTIVE SESSION MAY
FOLLOW
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB
Sen. Cilley (C), Sen. Fuller Clark (VC), Sen. DeVries, Sen. Downing, Sen. Carson
2:00 p.m. SB 414, relative to the
(the previous hearing for SB 414 was recessed on January 19th)
2:15 p.m. SB 443, relative to rulemaking authority of the electricians' board.
(the
previous hearing for SB 443 was recessed on January 19th)
2:30 p.m. SB 507, relative to the Masonic Home.
EXECUTIVE SESSION MAY
FOLLOW
THURSDAY, MARCH 18, 2010
FINANCE, Room 100, SH
Sen. D'Allesandro (C), Sen. Janeway (VC), Sen. Larsen, Sen. Hassan, Sen. Sgambati, Sen. Gallus, Sen. Odell
10:30 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION
MEETINGS
FRIDAY, MARCH 5, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
CITIZEN-FUNDED ELECTION TASK FORCE (HB 513, Chapter 237:1, Laws of 2009)
Cancelled Room 103, SH Regular Meeting
ESTABLISHING A
COMMISSION TO
1:00 p.m. Room 100, SH 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
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
TASK FORCE ON WORK AND FAMILY (HB 306, Chapter 373:2, Laws 2007)
1:15 p.m. Room 206, LOB Regular Meeting
MONDAY, MARCH 8, 2010
COMMISSION TO STUDY ISSUES RELATIVE TO GROUNDWATER WITHDRAWALS (SB 155, Chapter 305:1, Laws of 2003)
9:00 a.m. Room 305, LOB Subcommittee Meeting on Permitting of Pre-1988 Wells
COUNCIL ON THE RELATIONSHIP BETWEEN PUBLIC HEALTH AND THE ENVIRONMENT (RSA 125-P:1)
9:30 a.m. Room 205, LOB Regular Meeting
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
10:00 a.m. Jordan Institute Subcommittee Meeting
PUBLIC HIGHER EDUCATION STUDY COMMITTEE (RSA 187-A:28-a)
10:00 a.m. Room 103, SH Regular Meeting
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
1:00 p.m. Room 205, LOB Regular Meeting
TASK FORCE ON WORK AND FAMILY (HB 306, Chapter 373:2, Laws of 2007)
Cancelled Room 206, LOB Regular Meeting
COMMISSION TO
1:30 p.m. Room 305, LOB Subcommittee 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, MARCH 9, 2010
HOME EDUCATION ADVISORY COUNCIL (RSA 193-A:10)
3:30 p.m. Department of Education, Room 12 Regular Meeting
101 Pleasant Street
CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)
Rescheduled Room 201, LOB Regular Business
THURSDAY, MARCH 11, 2010
COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009)
3:00 p.m. Room 103, SH Regular Meeting
FRIDAY, MARCH 12, 2010
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. Public Utilities
Commission Regular
Meeting
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
9:30 a.m. Rooms 210-211, LOB Audits
State
of
Management Letter Year Ended June 30, 2009
Auditors’ Reports as Required by
Government Auditing Standards and Other Information Year Ended June 30, 2009
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD EVALUATION COMMITTEE (RSA 99-E:1,I)
9:30 a.m. Room 101, LOB Regular Meeting
COMMISSION TO STUDY
THE DEATH PENALTY IN
10:00 a.m. Rooms 305-307, LOB Regular Meeting
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Non-Public session of 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
1:30 p.m. Room 205, LOB Regular Meeting
CITIZEN-FUNDED ELECTION TASK FORCE (HB 513, Chapter 237:1, Laws of 2009)
2:00 p.m. Room 101, LOB Regular Meeting
MONDAY, MARCH 15, 2010
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. Room 305, LOB Regular Meeting
Subcommittee Meeting to Follow
TUESDAY, MARCH 16, 2010
3:30 p.m. Room 201, LOB Regular Business
THURSDAY, MARCH 18, 2010
COMMISSION TO
EVALUATE THE LONG-TERM USES OF THE LAKES REGION FACILITY LOCATED IN
3:00 p.m. Room 303, LOB Regular Meeting
FRIDAY, MARCH 19, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 210-211, LOB Regular Meeting
COMMUNITY COLLEGE SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE (SB 82, Chapter 361:37, Laws of 2007)
10:00 a.m. Room 212, 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
MONDAY, MARCH 22, 2010
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB 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
TUESDAY, MARCH 23, 2010
CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)
3:30 p.m. Room 201, LOB Regular Business
THURSDAY, MARCH 25, 2010
COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009)
3:00 p.m. Room 103, SH Regular Meeting
FRIDAY, MARCH 26, 2010
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:30 a.m. New Hampshire Department Regular Meeting
of Revenue Administration
109 Pleasant Street
FRIDAY, APRIL 2, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
CITIZEN-FUNDED ELECTION TASK FORCE (HB 513, Chapter 237:1, Laws of 2009)
2:00 p.m. Room 103, SH Regular Meeting
MONDAY, APRIL 5, 2010
CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)
9:00 a.m. Room 307, LOB Regular Meeting
COMMISSION TO STUDY ISSUES RELATIVE TO GROUNDWATER WITHDRAWALS (SB 155, Chapter 305:1, Laws of 2003)
10:00 a.m. Room 305, LOB Regular Meeting
COMMISSION TO STUDY ISSUES RELATING TO STORMWATER (HB 1295, Chapter 71:1, Laws of 2008)
1:00 p.m. Room 305, LOB Regular Meeting
THURSDAY, APRIL 8, 2010
COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009)
3:00 p.m. Room 103, SH Regular Meeting
FRIDAY, APRIL 9, 2010
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. Public Utilities
Commission Regular
Meeting
VOLUNTEER NH BOARD OF DIRECTORS (RSA 19-H:1)
9:00 a.m. Greater
the American Red Cross
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)
10:00 a.m. Room 102, LOB Non-Public session of Complaint Review Committee
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
FRIDAY, APRIL 16, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
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
CITIZEN-FUNDED ELECTION TASK FORCE (HB 513, Chapter 237:1, Laws of 2009)
2:00 p.m. Room 103, SH Regular Meeting
MONDAY, APRIL 19, 2010
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
THURSDAY, APRIL 22, 2010
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Department of Education Regular Meeting
COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009)
3:00 p.m. Room 103, SH Regular Meeting
FRIDAY, APRIL 23, 2010
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)
9:00 a.m. Room 307, LOB Regular Meeting
********
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 2010 BILLS:
SENATE BILLS: 72,
157, 166, 365, 392, 393, 397, 450, 456, 463, 470, 483, 489, 501, 502, 505.
HOUSE BILLS: 213,
232, 564, 629, 660, 1149, 1155, 1281, 1378, 1452, 1606.
NOTICES
TOWN MEETING DAY
Senate committee hearings will not be held on Town Meeting Day, Tuesday, March 9, 2010. Committee chairs have the option to reschedule their Tuesday hearings to Monday, March 8, 2010 at their regularly scheduled hearing times.
Sylvia B. Larsen, Senate President
********
MULTIPLE SCLEROSIS AWARENESS WEEK
MS Awareness Week is March 8-14 and is a great opportunity
to spread the word and raise awareness for multiple sclerosis. Multiple sclerosis interrupts the flow of
information from the brain to the body, and can stop people from moving forward
in their lives. There are at least
3,000 people in the State of
Senator Betsi L. DeVries
********
WEDNESDAY, MARCH 17, 2010
All legislators and staff are invited to the 8th
Annual New Hampshire Capital St. Patrick’s Day Roast to benefit events at
Children’s Hospital at
Sylvia B. Larsen, Senate President
********
WEDNESDAY, MARCH, 17, 2010
The Bobby Stephen's Fund for Education is hosting a St Patrick's Day Celebration to Benefit NH
Jobs for
Senator Lou D'Allesandro
********
TUESDAY, MARCH 23, 2010
The Red Cross Bloodmobile will be parked in front of the
State House and ready for donations on Tuesday, March 23rd, from 9:00 a.m.
until 3:00 p.m. Please contact Health Services (Ex 2757) to set up an
appointment. We hope that we can make a significant donation to aid the
Red Cross in their work here and abroad.
Senator Kathleen G. Sgambati
********
WEDNESDAY, MARCH 24, 2010
Progressive Legislative Briefing: Breakfast and Cross-Over Politics!
All legislators and staff are cordially invited to mingle
with a diverse selection of
Sylvia B. Larsen, Senate President
********
WEDNESDAY, MARCH 31, 2010
The New Hampshire Water Pollution Control Association’s
(NHWPCA) annual legislative breakfast is scheduled for Wednesday, March 31st,
from 7:00 a.m. – 8:30 a.m. at the Holiday Inn in
Senator Martha Fuller
********
SATURDAY, APRIL 17, 2010
Bring the whole family and join us on the grounds of the New
Hampshire Fish and Game Department Headquarters,
This annual community conservation education event is being sponsored in conjunction with the New Hampshire Department of Environmental Services. This is a free, fun-filled day of activities for the whole family with lots to see and even more to do. Try your hand at archery, learn to cast a fishing line, or find your way with a map and compass. Build a duck box, tie a fly, do a wildlife craft activity, take a nature walk or learn how to landscape for wildlife. The list is endless.
Visit the Discovery Room and see if you can discover the
various wildlife animal mounts including a mother moose and her calf. Meet Smokey Bear, trained falcons, live trout
and salmon, and numerous other types of wildlife. More then 35 exhibitors from an array of
nature, environmental and conservation organizations will be on hand, rain or
shine, to help you learn about
Remember: FREE ADMISSION. For more information, call (603)271-3211 or visit www.WildNH.com.
Senator John T. Gallus
********
SENATE SCHEDULE
Thursday, March 25, 2010 CROSSOVER - Last day to ACT on all remaining Senate Bills.
Thursday, April 08, 2010 Deadline for Policy Committees to ACT on all House money bills, except bills exempted pursuant to Senate Rule 26(b).
Wednesday, May 12, 2010 Last Day to ACT on all remaining House bills.
Wednesday, May 19, 2010 Last day to FORM Committees of Conference.
Thursday, May 27, 2010 at 12:00 p.m. Last day to SIGN Committee of Conference Reports.
Monday, May 31, 2010 Memorial Day
(State
Wednesday, June 2, 2010 Last day to ACT on Committee of Conference Reports.
Monday, July 5, 2010 Fourth
of July (State
Monday, September 6, 2010 Labor
Day (State
Thursday, November 11, 2010 Veterans'
Day (State
Thursday, November 25, 2010 Thanksgiving
Day (State
Friday, November 26, 2010 Day
after Thanksgiving (State
Friday, December 24, 2010 Christmas
Day (State
********
VISITORS' CENTER SCHEDULE - MARCH
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 March. 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 |
|
March 5 |
9:45/11:00 SH/SC |
Lincoln St.
School – |
80/4 |
|
March 5 |
12:30 |
|
25/4 |
|
March 5 |
3:00 |
Campus Compact |
25/col |
|
March 8 |
9:45 |
Lincoln St.
School – |
40/4 |
|
March 8 |
10:30 |
|
60/4 |
|
March 9 |
9:45/11:15 SH/HM |
|
100/3+4 |
|
March 10 |
9:15 |
Breathe NH Youth
Advisory Board |
14/HS |
|
March 10 |
10:20 |
Laconia HS
Women’s Choir |
12/HS |
|
March 10 |
10:00/11:30 |
|
100/4 |
|
March 10 |
2:00 |
|
25/adults |
|
March 11 |
9:30/11:00 SH/HM |
|
70/4 |
|
March 11 |
11:30 |
Hearts for Home
HomeSchool – Ctr. Barnstead |
12 |
|
March 12 |
9:45/11:00 SH/SC |
Lincoln St.
School – |
80/4 |
|
March 12 |
11:30 |
|
29/4 |
|
March 12 |
1:00 |
|
12/HS |
|
March 15 |
9:00 |
|
50/4 |
|
March 15 |
10:00/11:30 SH/SC |
|
60/4 |
|
March 16 |
9:00 |
|
50/4 |
|
March 16 |
9:00 |
World Affairs
Council – Guests from |
|
|
March 16 |
11:00/12:30 SH/HM |
|
64/4 |
|
March 16 |
12:00 |
|
26/Col |
|
March 17 |
9:00 |
|
25/4 |
|
March 17 |
10:00/11:30 SH/HM |
|
70/4 |
|
March 17 |
12:30 |
|
17/4 |
|
March 18 |
9:00 |
Broken |
45/4 |
|
March 18 |
9:30/11:00 SH/HM |
|
75/4 |
|
March 19 |
9:00 |
Broken |
45/4 |
|
March 19 |
9:30/10:45 SH/HM |
|
56/4 |
|
March 19 |
11:30 |
|
12/HS |
|
March 22 |
9:00 |
Broken |
25/4 |
|
March 22 |
10:00/11:30 SH/SC |
|
604 |
|
March 23 |
10:30 |
|
60/4 |
|
March 23 |
9:00 |
|
45/4 |
|
March 24 |
8:15 |
Hollis Townfolks |
|
|
March 24 |
9:45/11:00 SH/HM |
|
88/4 |
|
March 24 |
12:15 |
|
38/4 |
|
March 25 |
9:45/11:00 SH/HM |
|
88/4 |
|
March 26 |
9:30 |
|
50/4 |
|
March 26 |
10:30 |
|
45/4 |
|
March 29 |
9:30/10:45 SH/HM |
|
95/4 |
|
March 30 |
10:00/11:30 SH/HM |
|
80/4 |
|
March 31 |
10:00/11:30 SH/HM |
|
60/4 |