June 17, 2010
No. 25
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Second Year of
161st Session of the
Legislative
SENATE
CALENDAR
HEARINGS, MEETINGS
AND NOTICES
LAID ON THE TABLE
CACR 34, relating to funding of public education. Providing that the general court shall define an adequate education and distribute state funds for public education in a manner that alleviates local disparities. 3/17/10, pending motion ITL, Judiciary, SJ 10, pg. 158
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 8, pg. 96
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 8, pg. 99
SB 389-FN-A, relative to the interest and dividends tax on certain distributions to investors in investment organizations. 3/24/10, pending motion OTP, Finance, SJ 11, pg. 213
SB 446, relative
to the governance of the
SB 467-FN-A, establishing job creation incentives under the business profits tax and the business enterprise tax. 3/10/10, pending motion OTP, Ways and Means, SJ 9, pg. 147
SB 468, relative to tort reform. 3/24/10, pending motion ITL, Commerce, Labor and Consumer Protection, SJ 11, pg. 191
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. 3/10/10, pending motion ITL, Ways and Means, SJ 9, pg. 148
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. 3/10/10, pending motion Committee Amendment (0890s), Ways and Means, SJ 9, pg. 148
SB 476-FN, clarifying the business profits tax deduction for reasonable compensation. 3/10/10, pending motion ITL, Ways and Means, SJ 9, pg. 149
SB 479, relative to administrative review by the commissioner of safety of decisions by the bureau of hearings. 3/24/10, pending motion Floor Amendment (1155s), Executive Departments and Administration, SJ 11, pg. 212
SB 482, relative to bullying and cyberbullying in schools. 3/17/10, pending motion Interim Study, Education, SJ 10, pg. 161
SB 487-L, relative to charter limitations on the growth of budgets and taxes and to the validity of certain city and town charter provisions. 3/24/10, pending motion ITL, Public and Municipal Affairs, SJ 11, pg. 240
SB 488, relative to the adoption of local spending caps. 3/24/10, pending motion ITL, Public and Municipal Affairs, SJ 11, pg. 241
HB 50, (New
Title) relative to proceedings of medical injury claims screening panels. 5/5/10, pending motion OTP, Judiciary, SJ
17, 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
HB 1201, (New
Title) including loaded muzzleloaders in the prohibition of hunting from a
vehicle. 4/28/10, pending motion
Committee Amendment (1502s), Wildlife, Fish and Game and Agriculture, SJ 16,
pg. TBA
HB 1324, relative
to staffing exceptions for geographically isolated small schools. 5/5/10, pending motion ITL, Education, SJ
17, pg. TBA
HB 1355-FN,
relative to certain Medicaid appropriations. 4/7/10, pending motion Interim Study, Finance, SJ 13, pg. 282
HB 1367-FN, (New
Title) relative to political advertising and campaign expenditures and
contributions by business organizations and labor unions. 4/28/10, pending motion Committee Amendment (1340s), Election Law and
Veterans’ Affairs, SJ 16, pg. TBA
HB 1469, relative
to the required number of instructional days and instructional hours in a
school district's calendar. 5/5/10,
pending motion ITL, Education, SJ 17, pg. TBA
HB 1484, relative
to residency restrictions for sex offenders. 4/28/10, pending motion OTP, Judiciary, SJ 16, pg. TBA
HB 1491, relative
to the child support calculation in cases of shared parenting. 5/12/10, pending motion OTP, Judiciary, SJ
18, pg. TBA
HB 1543, relative to the annual rate of interest on judgments. 5/12/10, pending motion Committee Amendment (1945s), Judiciary, SJ 18, pg. TBA
HB 1579-FN, relative
to electioneering by public employees.
4/14/10, pending motion ITL, Executive Departments and Administration, SJ 14,
pg. 290
HB 1628, establishing guidelines for neighborhood notification upon release of a sexual offender. 5/12/10, pending motion Interim Study, Judiciary, SJ 18, pg. TBA
HCR 22, (New
Title) urging Congress to develop and pass a comprehensive immigration reform
program. 5/5/10, pending motion OTP, Judiciary,
SJ 17, pg. TBA
HCR 29, requiring
the Congress of the United States of America to reaffirm its adherence to the
Constitution of the United States regarding international agreements and
treaties. 5/5/10, pending motion ITL, Election
Law and Veterans' Affairs, SJ 17, pg. TBA
HEARINGS
monday, june 21, 2010
JOINT SENATE AND HOUSE COMMERCE HEARING, Rooms 302-304, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
9:00 a.m. REGARDING THE STATE’S REGULATORY OVERSIGHT OF FINANCIAL RESOURCES MORTGAGE, INC. AND SIMILAR COMPANIES.
MEETINGS
friday, june 18, 2010
COMMISSION TO STUDY THE DEATH PENALTY IN
9:00 a.m. Rooms 206-208, LOB Regular Meeting
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
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Non-Public Session of the Complaint
Review Committee
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
MONDAY, JUNE 21, 2010
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
COMMISSION TO STUDY ISSUES RELATIVE TO GROUNDWATER
WITHDRAWALS (SB 155, Chapter 305:1,
Laws of 2003)
10:00 a.m. Room 307, LOB Subcommittee on Fees
AUTOMATED EXTERNAL DEFIBRILLATOR ADVISORY COMMISSION (RSA 195-I:2)
1:00 p.m. Room 303, LOB Regular Meeting
COMMISSION TO
1:00 p.m. Room 305, 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 Presentation from The Road
Information Program (TRIP) and
NH Department of Transportation
Presentation on Bonding and Turnpikes
tuesday, june 22, 2010
COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY
FUNDING (SB 60, Chapter 245:1, Laws
of 2009)
9:00 a.m. Room 103, SH Regular Meeting
JOINT LEGISLATIVE PERFORMANCE AUDIT AND OVERSIGHT
COMMITTEE (RSA 17-N:1)
1:00 p.m. Room 201, LOB Regular Meeting
Wednesday, june 23, 2010
PERMISSIBLE FIREWORKS REVIEW COMMITTEE (RSA 160-C:13)
9:00 a.m.
friday, june 25, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)
9:00 a.m. Room 307, LOB Regular Meeting
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
9:30 a.m. New Hampshire Department Regular Meeting
of Revenue Administration
109 Pleasant Street
Cancelled Room 201, LOB Regular Meeting
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
monday, june 28, 2010
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 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
tuesday, june 29, 2010
ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT
COMMITTEE (RSA 374-F:5)
8:45 a.m. Room 304, LOB Meeting to Receive a Report from
PSNH Regarding the Progress on the
Scrubber Project at the Bow Coal-
Fired Generation Plant, & any other
Matters Committee Wishes to Take
Up.
thursday, july 8, 2010
COMMISSION TO DEVELOP ALTERNATIVES TO THE DISPOSAL OF
MEDICAL SHARPS IN HOUSEHOLD WASTE
(HB 1502, Chapter 259:2, Laws of 2008)
1:30 p.m. Room 103, SH Regular Meeting
friday, july 9, 2010
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. NH Public Utilities Commission Regular Meeting
Hearing Room A
STATE SUGGESTION AND EXTRAORDINARY SERVICE AWARD
EVALUATION COMMITTEE (RSA 99-E:1,
I)
9:30 a.m. Room 101, LOB Regular Meeting
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
monday, july 12, 2010
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21)
3:00 p.m. Department of Education Regular Meeting
thursday, july 15, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
COMMISSION TO EVALUATE THE LONG-TERM USES OF THE LAKES
REGION FACILITY LOCATED IN
3:00 p.m. Room 100, SH Regular Meeting
monday, july 19, 2010
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
tuesday, july 20, 2010
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
monday, july 26, 2010
NH COLLEGE TUITION
SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2)
9:00 a.m.
Assistance Foundation
NH COLLEGE TUITION
SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2)
10:00 a.m.
Assistance Foundation
thursday, july 29, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
********
ENROLLED BILL
AMENDMENTS ARE AVAILABLE IN THE SENATE CLERK'S OFFICE FOR 2010 BILLS:
SENATE BILLS: 166,
314, 325, 339, 352, 367, 370, 378, 380, 382, 394, 404, 405, 409, 435, 449, 457,
460, 463, 477, 485, 495, 499, 501, 505, 514, 517, 518, SCR 3, SJR 1, SJR 3
HOUSE BILLS: 160,
191, 271, 379, 410, 587, 615, 630, 660, 1139, 1164, 1193, 1224, 1235, 1245,
1271, 1279, 1281, 1291, 1292, 1293, 1301, 1304, 1314, 1318, 1334, 1353, 1363,
1366, 1376, 1384, 1387, 1393, 1399, 1427, 1436, 1520, 1524, 1526, 1533, 1534,
1541, 1544, 1548, 1553, 1634, 1649, SS HB 1
********
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,
73, 157, 166, 313, 344, 346, 359, 361, 365, 370, 382, 383, 390, 392, 393, 394,
397, 402, 425, 450, 452, 456, 457, 463, 465, 470, 471, 474, 483, 485, 486, 489,
495, 497, 500, 501, 502, 505, 511, 513, 517, 519, 520.
HOUSE BILLS: 213,
232, 507, 558, 561, 564, 569, 626, 629, 660, 1149, 1155, 1166, 1168, 1239, 1240,
1279, 1281, 1291, 1292, 1293, 1334, 1335, 1367, 1378, 1380, 1452, 1508, 1513, 1515,
1516, 1519, 1541, 1544, 1569, 1572, 1606, 1607, 1609, 1610, 1620, 1651, 1655, 1688.
NOTICES
LEGISLATIVE ETHICS COMMITTEE
At its meeting on May 17, 2010, the Legislative Ethics Committee voted to issue the following advisory opinions, which are printed below in their entirety.
Advisory Opinion 2010-1
Response to a Request for an Advisory
Opinion
from Representative John B. Hunt
(May 17, 2010)
Representative Hunt has requested an Advisory Opinion whether, consistent with applicable statutes and the Ethics Guidelines, it would be permissible for him to accept a prize he won at a raffle conducted at an event to which he was invited as a legislator, and attended in that capacity.
According to the facts supplied by Rep. Hunt and other facts elicited by the Committee, the event was the 8th Annual St. Patrick’s Day Roast, sponsored by a lobbying group for the benefit of a charitable hospital. The event was attended by legislators and others. Legislators were invited to attend admission free, through notices published in legislative Calendars. Members of the public attending the event were charged an admission fee.
At the event, raffle tickets were offered to all attendees, at a separate charge of $5.00 each. Raffle prizes had been donated by various sponsors. All proceeds of the raffle were donated to the chartable beneficiary. Raffle ticket purchase was optional. Rep. Hunt purchased a ticket and, at the drawing, won a computer valued at $300.00.
The Committee responds as follows.
Relevant provisions of statute and the Ethics Guidelines are:
RSA
15-B:3,
RSA 15-B:2, V(a)(2) which includes in the definition of “gift,” “Any other tangible thing…having more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.”
Ethics Guidelines, Section 4, Prohibited Activities, Paragraph I, which states in part: “Legislators shall not solicit, accept, or agree to accept anything of value from another for themselves or other persons, if the legislator receives such thing of value***(g) In violation of RSA 15-B.”
The Committee advises that under the specific circumstances of this case, the raffle prize won by Rep. Hunt is not a prohibited gift. He paid substantial consideration to participate in the raffle in which participation was optional and open to all attendees, legislators and non-legislators alike, on the same basis. The raffle was conducted for the benefit of a charitable beneficiary in accordance with RSA 287-A.
While the free admission to the event accorded to Rep. Hunt by the sponsors was not a prohibited gift pursuant to RSA 15-B:2, V(b)(9)(C), that fact does not determine whether a prize from a raffle conducted at the event is not a prohibited gift. Rather, the Committee has previously interpreted the relevant statutes as prohibiting legislators’ acceptance of “door prizes” having significant economic value, awarded by lot or otherwise at such events. See Interpretive Ruling 2007-1 (October 29, 2007), Issue C. In context, that ruling assumed that eligibility for a door prize was part of a free or reduced price admission accorded to legislators, which does not appear to be the case here.
To be clear, the Committee’s conclusion here is based on the following facts:
(1) The raffle in question was open to all attendees at the event, legislators and non-legislators alike;
(2) Participation in the raffle was optional, and separate substantial consideration was required of all participants, at the same price;
(3) The raffle was conducted in accordance with RSA 287-A.
We appreciate the opportunity to be of assistance.
Martin L. Gross, Chairman
For the Committee
Advisory Opinion 2010-2
Response to a Request for an Advisory Opinion
from Senator Sharon M. Carson
(May 17, 2010)
Senator Carson has requested an Advisory Opinion whether, consistent with applicable statutes and the Ethics Guidelines, it would be permissible for her to accept from a third party a free ticket with a face value of $50.00 to attend a political event.
According to the facts supplied by Senator Carson, the event was the Lincoln-Reagan Dinner sponsored by the Manchester Republican Committee, and proceeds from the event would be reported by the Manchester Republican Committee to the Secretary of State.
Relevant provisions of statute and the Ethics Guidelines are:
RSA
15-B:3, III which provides in part: “
RSA 15-B:2, V(a)(2) which includes in the definition of “gift,” “Any other tangible thing…having more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.”
RSA 15-B:2, V(b) which states in part: "Notwithstanding subparagraph (a), 'gift' shall not include***(9) Tickets or free admission to a charitable, ceremonial, or political event provided that: (A) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664****."
Ethics Guidelines, Section 4, Prohibited Activities,
Paragraph
We advise as follows: The ticket you have described is not itself a prohibited “gift,” because based on the facts you have supplied, it qualifies for the exemption provided under RSA 15-B:2, V(b)(9)(A), and is therefore permitted to be accepted under RSA 15-B.
We appreciate the opportunity to be of assistance.
Martin L. Gross, Chairman
For the Committee
Advisory Opinion 2010-3
Response to a Request for an Advisory Opinion
from Representative Frank R. Holden
(May 17, 2010)
Representative Holden has requested an Advisory Opinion whether, consistent with applicable statutes and the Ethics Guidelines, it would be permissible for him to accept an award of hotel accommodations and airline tickets as a result of a drawing for which he qualified in attending an event at a commercial sports facility.
According to information provided to the Committee by Representative Holden, the event he attended was at New Hampshire Motor Speedway and he attended as a general admission patron, not as a legislator or in connection with any legislative event.
Relevant provisions of statute and the Ethics Guidelines are:
RSA 15-B:
3, III which provides in part: “
RSA 15-B:2, V(a)(2) which includes in the definition of “gift,” “Any other tangible thing… having more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.”
RSA 15-B:2, V(b) which states in part: "Notwithstanding subparagraph (a), 'gift' shall not include***(6)*** any tangible or intangible thing or service of economic value, where the donor's act of giving is purely private and personal in nature and the … tangible or intangible thing or service of economic value would have been given and received even if the person were not an elected official****."
Ethics Guidelines, Section 4, Prohibited Activities,
Paragraph
We advise as follows: Under the circumstances Rep. Holden has described, accepting the items would not constitute acceptance of a prohibited “gift.” On the facts, he was attending the event as a private citizen, was a paid general admission patron, and qualified for the award under the same circumstances as any other patron of the event would have qualified. Proceeds of the drawing he has described would not be a prohibited “gift,” because based on the facts he supplied, they would qualify for the exemption provided under RSA 15-B:2, V(b)(6) and therefore are permitted to be accepted under RSA 15-B.
We appreciate the opportunity to be of assistance.
Martin L. Gross, Chairman
For the Committee
********
LEGISLATIVE ETHICS COMMITTEE
The Legislative Ethics Committee has recently issued a Letter of Caution and would like to remind the members of the General Court that the first “Principle of Public Service” set forth in the General Court’s Ethics Guidelines requires members to treat their office as a public trust, using the powers and resources of public office only to “advance public interests and not to attain personal benefits….”
The Committee believes it is particularly important to comply with this Principle of Public Service where members have private contractual relationships with the State and other outside commercial relationships. Such members must be continually mindful of, and make special efforts to avoid, any conduct that could be perceived as use of the member’s official position to advance personal interests, in violation of the Ethics Guidelines.
Also, Section 5 of the Ethics Guidelines requires members to prepare and submit a Declaration of Intent to the Clerk of their chamber, when an official activity involves a potential conflict of interest not adequately disclosed in the member’s Financial Disclosure Form. For all members who have substantial private business interests, the better practice would be to avoid concerns by filing a Declaration of Intent whenever a bill or other official activity involves such business interests.
Finally, best ethical practices should indicate to members
that their private business relationships with the State of
If members are in doubt about the applicability of a provision of the ethics statutes or Guidelines to a specific factual situation, they are, of course, entitled to submit to the Committee a request for an Advisory Opinion, in accordance with RSA 14-B:3, I (c). Also, members are reminded that the Committee’s website contains current information about the ethics statutes and Guidelines, and actions the Committee has taken to interpret, apply and enforce them. The website is viewable at http://gencourt.state.nh.us/ethics/default.htm.
For the Committee,
Martin L. Gross, Chairman
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FRIDAY, JUNE 18, 2010
The 37th Annual Bill White & Junie Blaisdell Ceremonial
& Memorial Legislative Golf Tournament for the benefit of the American
Heart Association is scheduled for Friday, June 18 at the Beaver
Meadow Golf Club,
Registration begins at 7:15 a.m. and the shotgun start is scheduled for 8:30 a.m. The format is “Captain and Crew.”
Sign-up as a foursome or sign-up by yourself in order to be
placed in a foursome.
Please note that, for planning purposes, payment must be made no later than June 11th. There will be no exceptions to this rule! Cancellation must occur two weeks prior to the tournament date to receive a refund.
Return your entry and payment no later than June 2nd to Bob Blaisdell to receive the discounted rate and reserve your spot or no later than June 11th to reserve your spot at the regular rate.
Checks should be made payable to: NH Legislative Golf
Committee. Mailed to: Bob Blaisdell, The Demers Group,
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37th Annual Bill White & Junie Blaisdell Ceremonial & Memorial Golf Tournament
Beaver Meadow Golf Course
Name: 1. _________________________________________________________
2. _________________________________________________________
3. _________________________________________________________
4. _________________________________________________________
Telephone: _________________________ Amount Enclosed: ____________
Senator Michael W. Downing
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SENATE SCHEDULE
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 – june
State House Visitation Schedule
As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in June. 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 |
|
June 18 |
9:30 |
|
55/7 |