July 29, 2010

No. 29

 

 

STATE OF NEW HAMPSHIRE

WEB SITE ADDRESS:

www.gencourt.state.nh.us

 

 

 

 

 

 

Second Year of 161st Session of the New Hampshire General Court

 

Legislative

 

SENATE CALENDAR

VETO MESSAGE, MEETINGS

 

 

 

 

 

 

 

VETO

 

Governor’s Veto Message Regarding SB 440

 

By the authority vested in me, pursuant to part II, Article 44 of the New Hampshire Constitution, on July 20, 2010, I vetoed SB 440.

 

Since becoming Governor, I have worked hard to establish effective, comprehensive and clear ethics standards for state government.  As part of my efforts to assure integrity in state government, I signed into law in 2006 bipartisan legislation strengthening state ethics laws, including the establishment of the first-ever Executive Branch Ethics Committee.  The Committee consists of seven members, who are charged with investigating allegations of violations of state ethics laws by executive branch officials and issuing interpretive rulings and advisory opinions on the application of ethics standards. 

 

The Executive Branch Ethics Committee plays an important role in enforcing and interpreting our state’s ethics laws. It is critical that members of the Committee be thoughtful, fair and impartial – both in actions and in the public’s perception.  Under existing law, during their service, Committee members may not hold or campaign for elective office, permit their names to be used in support of or in opposition to any candidate or proposition, participate in any way in an election campaign, or make a contribution to any candidate for office, among other prohibited activities.  I strongly support the requirement that Committee members refrain from partisan political activities while serving in order safeguard against conflicts of interest and to ensure that the public has full confidence that ethics standards are enforced in the executive branch irrespective of partisan politics.

 

SB 440 would allow members of the Executive Branch Ethics Committee during their term of service to participate actively in elections for federal offices – President and Vice President, U.S. Senator and U.S. Representative, including allowing their names to be used in support of or in opposition to a candidate for federal office, campaigning for candidates for federal office, and by contributing to a candidate for a federal office.

 

I believe that SB 440 would weaken the Executive Branch Ethics Committee and would compromise the ability of its members to discharge their obligations impartially in the eyes of the public.  It could create the perception that partisan politics plays a role in the decisions of the Committee.

 

Under SB 440, one or more Committee members could openly endorse and campaign for a candidate for federal office, or contribute to their campaign, and then be placed in the position of deciding whether or not to investigate allegations against an executive branch official who had endorsed the same, or a competing, candidate for the same federal office.  In addition, an executive branch employee – who openly supports a candidate for federal office -- might seek an advisory opinion from the Committee on the application of an ethics standard.  If one or more members of the Committee are publicly supporting the same or an opposing candidate, the motivations behind the Committee’s opinion could be called into question even though partisan politics played no actual role in the Committee’s work.

 

I believe that State government has a duty to ensure that even the appearance of politics is removed from the administration of executive branch ethics standards.  I will not support any changes to our ethics laws that could jeopardize the public’s trust in how these laws are implemented and applied, and that is why I have vetoed this bill. 

 

 

                                                                                    Respectfully submitted,

 

 

 

 

                                                                                    ______________________

                                                                                    Governor

 

 

Date:  July 20, 2010

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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 Concord school district. 3/10/10, pending motion OTP, Public and Municipal Affairs, SJ 9, pg. 144

 

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. 388

 

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. 352

 

HB 1324, relative to staffing exceptions for geographically isolated small schools. 5/5/10, pending motion ITL, Education, SJ 17, pg. 369

 

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. 336

 

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. 369

 

HB 1484, relative to residency restrictions for sex offenders. 4/28/10, pending motion OTP, Judiciary, SJ 16, pg. 349

 

HB 1491, relative to the child support calculation in cases of shared parenting. 5/12/10, pending motion OTP, Judiciary, SJ 18, pg. 478

 

HB 1543, relative to the annual rate of interest on judgments. 5/12/10, pending motion Committee Amendment (1945s), Judiciary, SJ 18, pg. 479

 

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. 479

 

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. 391

 

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. 371

MEETINGS

tuesday, august 3, 2010

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

9:00 a.m.                      Room 103, SH                                       Regular Meeting

COMMITTEE TO STUDY THE INCLUSION OF UNIVERSAL DESIGN REQUIREMENTS IN THE STATE BUILDING CODE (HB 1429, Chapter 110:1, Laws of 2010)

9:00 a.m.                      Room 205, LOB                                     Organizational Meeting

COMMITTEE TO STUDY THE ESTABLISHMENT OF A DEPARTMENT OF NATURAL RESOURCES (HB 1422, Chapter 73:1, Laws of 2010)

9:30 a.m.                      Room 305, LOB                                     Organizational Meeting

DEVELOPMENTAL DISABILITY AND ACQUIRED BRAIN DISORDER WAITLIST AND SERVICES FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-c)

11:00 a.m.                    Room 205, LOB                                     Regular Meeting

thursday, august 5, 2010

COMMISSION EXPLORING MONETIZING CERTAIN STATE ASSETS, ENTERPRISES AND RESOURCES (RSA 21-I:87)

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

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

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

COMMITTEE TO STUDY METHODS OF ENCOURAGING THE INSTALLATION AND USE OF SMALL SCALE RENEWABLE ENERGY RESOURCES BY HOMEOWNERS AND BUSINESSES (HB 1377, Chapter 229:3, Laws of 2010)

2:00 p.m.                      Room 101, LOB                                     Organizational Meeting

TUESDAY, AUGUST 10, 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

10:30 a.m.                    Room 305, LOB                                     Regular Meeting

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

Cancelled                      Room 212, LOB                                     Regular Meeting

COMMITTEE TO STUDY WHETHER ALLOWING AN INJURED EMPLOYEE TO RECORD THE INDEPENDENT MEDICAL EXAMINATION IS FEASIBLE AND WHETHER INDEPENDENT MEDICAL EXAMINATION PRACTITIONERS SHOULD BE REQUIRED TO FILE A REPORT WITH THE INSURANCE DEPARTMENT (HB 1371, Chapter 227:2, Laws of 2010)

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

TASK FORCE TO STUDY EMPLOYEE MISCLASSIFICATION (SB 500, Chapter 378:7, Laws of 2008)

1:30 p.m.                      Room 307, LOB                                     Regular Meeting

WEDNESDAY, AUGUST 11, 2010

COMMITTEE TO STUDY PAROLE BOARDS AND PAROLE BOARD PROCEDURES (HB 1167, Chapter 274:1, Laws of 2010)

10:30 a.m.                    Room 204, LOB                                     Organizational 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.                      Room 212, LOB                                     Regular Meeting

thursday, august 12, 2010

COMMISSION TO STUDY THE DEATH PENALTY IN NEW HAMPSHIRE (HB 520, Chapter 284:1, Laws of 2009)

9:00 a.m.                      Rooms 206-208, LOB                             Regular Meeting

COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009)

9:00 a.m.                      Room 103, SH                                       Regular Meeting

COMMISSION TO STUDY ISSUES RELATIVE TO GROUNDWATER WITHDRAWALS (SB 155, Chapter 305:1, Laws of 2003)

1:00 p.m.                      Department of Environmental               Subcommittee on Fees

                                    Services, Room 114

                                    29 Hazen Drive

                                    Concord, NH

friday, August 13, 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

                                    21 South Fruit Street, Suite 10

                                    Concord, NH

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 2009)

Cancelled                      Room 100, SH                                       Regular Meeting

MONDAY, AUGUST 16, 2010

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

9:00 a.m.                      Room 100, SH                                       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

TASK FORCE ON WORK AND FAMILY (RSA 276-F)

1:15 a.m.                      Room 206, LOB                                     Regular Meeting

tuesday, august 17, 2010

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

1:00 p.m.                      Representatives’ Hall, SH                      Annual Seminar

3:00 p.m.                      Room 206, LOB                                     Continued Annual Seminar

THURSDAY, AUGUST 19, 2010

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

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

FRIDAY, AUGUST 20, 2010

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

Cancelled                      Rooms 305-307, LOB                             Regular Meeting

MONDAY, AUGUST 23, 2010

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

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

WELLNESS AND PRIMARY PREVENTION COUNCIL (RSA 126-M:3)

10:00 a.m.                    Thayer Building, Room 1123                 Regular Meeting

                                    Pleasant Street

                                    Concord, NH

WEDNESDAY, AUGUST 25, 2010

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

9:30 a.m.                      New Hampshire Department of             Regular Board Meeting

                                    Revenue Administration

                                    109 Pleasant Street

                                    Concord, NH

thursday, august 26, 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

FRIDAY, AUGUST 27, 2010

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

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

TUESDAY, AUGUST 31, 2010

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

10:30 a.m.                    Room 202, LOB                                     Regular Meeting

THURSDAY, SEPTEMBER 2, 2010

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

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

JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1)

2:00 p.m.                      Room 100, SH                                       Regular Meeting

FRIDAY, SEPTEMBER 10, 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

                                    21 South Fruit Street, Suite 10

                                    Concord, NH

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 2009)

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

MONDAY, SEPTEMBER 13, 2010

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

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

HEALTH INSURANCE REFORM OVERSIGHT COMMITTEE (RSA 420-L:6)

1:00 p.m.                      NH Insurance Department                    Organizational Meeting

                                    21 South Fruit Street, Suite 14

                                    Concord, NH

THURSDAY, SEPTEMBER 16, 2010

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

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

FRIDAY, SEPTEMBER 17, 2010

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

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

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

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

MONDAY, SEPTEMBER 20, 2010

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

1:00 p.m.                      Room 205, LOB                                     Regular Meeting

TUESDAY, SEPTEMBER 21, 2010

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

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

WEDNESDAY, SEPTEMBER 22, 2010

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

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

MONDAY, SEPTEMBER 27, 2010

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

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

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SENATE SCHEDULE

Monday, September 6, 2010                               Labor Day (State Holiday)

 

Thursday, November 11, 2010                           Veterans' Day (State Holiday)

 

Thursday, November 25, 2010                           Thanksgiving Day (State Holiday)

 

Friday, November 26, 2010                               Day after Thanksgiving (State Holiday)

 

Friday, December 24, 2010                                Christmas Day (State Holiday)

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