October 7, 2010
No. 36
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Second Year of
161st Session of the
Legislative
SENATE
CALENDAR
VETO MESSAGE, HEARING,
MEETINGS AND NOTICES
THE SENATE WILL MEET IN SESSION ON WEDNESDAY, OCTOBER 13, 2010 AT 1:00 P.M.
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
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
********
PROPOSED AMENDMENT TO SENATE RULE 48
Amendment to Senate Rule
48
Amend
Senate Rule 48 by replacing with the following:
48.
Deadlines:
(a) Wednesday, October 13, 2010 – First
day to file legislation for 2011 Senate Session.
HEARING
TUESDAY, OCTOBER 12, 2010
JOINT SENATE AND HOUSE COMMERCE HEARING, Rooms 205-207, LOB
Sen. Hassan (C), Sen. DeVries (VC), Sen. Reynolds, Sen. Cilley, Sen. Bragdon, Sen. Roberge
10:00 a.m. REGARDING THE STATE’S REGULATORY OVERSIGHT OF FINANCIAL RESOURCES MORTGAGE, INC. AND SIMILAR COMPANIES.
MEETINGS
FRIDAY, OCTOBER 8, 2010
ENERGY EFFICIENCY AND SUSTAINABLE ENERGY BOARD (RSA 125-O:5-a)
9:00 a.m. Crotched Mountain Regular Meeting
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
TUESDAY, OCTOBER 12, 2010
CITIZENS TRADE POLICY COMMISSION (RSA 19-L:1)
9:00 a.m. Room 305, LOB Regular Meeting
LEGISLATOR ORIENTATION (RSA 17-C:1)
9:30 a.m. Room 104, LOB Regular Meeting
CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2)
10:00 a.m. Room 201, LOB Regular Business
COMMISSION TO
10:00 a.m. Room 303, LOB Subcommittee Meeting
COMMITTEE TO STUDY CERTAIN ASPECTS OF INDEPENDENT MEDICAL EXAMINATIONS (HB 1371, Chapter 227:2, Laws of 2010)
10:00 a.m. Room 307, LOB Regular Meeting
COMMITTEE TO STUDY HEALTH CARE SERVICES IN CORRECTIONAL FACILITIES AND THE ISSUE OF ACCESS TO INMATES BY MEDICAL CARE, MENTAL HEALTH CARE, AND SUBSTANCE ABUSE TREATMENT PROVIDERS (HB 214, Chapter 153:1, Laws of 2009)
10:00 a.m. State Prison Regular Meeting
AIR POLLUTION ADVISORY COMMITTEE (RSA 125-J:11)
1:00 p.m. Room 304, LOB Meeting to Receive a Report from the
Department of Environmental
Services
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
1:00 p.m. Room 206, LOB Children, Families & Youth
Subcommittee Meeting
CITIZENS TASK FORCE TO STUDY STATE REVENUES AND EXPENDITURES (RSA 21-I:92)
1:30 p.m. Room 201, LOB Organizational Meeting
ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE (RSA 374-F:5) JOINT WITH AIR POLLUTION ADVISORY COMMITTEE (RSA 125-J:11)
1:30 p.m. Room 304, LOB Joint Meeting to Receive Reports
from the Public Utilities Commission
and the Department of
Environmental Services
ELECTRIC UTILITY RESTRUCTURING LEGISLATIVE OVERSIGHT COMMITTEE (RSA 374-F:5)
2:00 p.m. Room 304, LOB Meeting to Receive a Report from the
Public Utilities Commission
HOME EDUCATION ADVISORY COUNCIL (RSA 193-A:10)
3:30 p.m. Department of Education Regular Meeting
101 Pleasant Street, Room 15
WEDNESDAY, OCTOBER 13, 2010
TASK FORCE ON STATE PROCUREMENT POLICIES AND PROCEDURES (RSA 21-T)
10:00 a.m. Room 212, LOB Regular Meeting
COMMITTEE TO STUDY MUNICIPAL RESIDENTIAL FIRE SPRINKLER REQUIREMENTS (HB 1486, Chapter 282:5, Laws of 2010)
11:00 a.m. Room 302, LOB Regular Meeting
COMMISSION TO EVALUATE MENTAL HEALTH COURTS AND ESTABLISH STANDARDS FOR THE OPERATION OF MENTAL HEALTH COURTS (HB 171, Chapter 274:1, Laws of 2009)
3:00 p.m. Room 205, LOB Regular Meeting
thursday, october 14, 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
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)
9:30 a.m. Room 101, LOB Regular Meeting
COMMITTEE TO STUDY PHARMACY BENEFITS MANAGEMENT FOR INJURED WORKERS COVERED BY THE WORKERS' COMPENSATION LAW (SB 420, Chapter 313:1, Laws of 2010)
10:00 a.m. Room 103, LOB Regular Meeting
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
10:00 a.m. Room 205, LOB Mental Health and Substance Abuse
Subcommittee Meeting
COMMITTEE TO STUDY PERMITTING A PERSON TO RECORD A LAW ENFORCEMENT OFFICER IN THE COURSE OF SUCH OFFICER'S OFFICIAL DUTIES (HB 1372, Chapter 278:1, Laws of 2010)
10:30 a.m. Room 204, LOB Regular Meeting
COMMISSION EXPLORING MONETIZING CERTAIN STATE ASSETS, ENTERPRISES, AND RESOURCES (RSA 21-I:87)
2:00 p.m. Room 100, SH Regular Meeting
FRIDAY, OCTOBER 15, 2010
COMMISSION TO STUDY
THE DEATH PENALTY IN
9:00 a.m. Rooms 206-208, LOB Regular Meeting
WORKERS’ COMPENSATION ADVISORY COUNCIL (RSA 281-A:62)
9:00 a.m. Rooms 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 Meeting of the Complaint
Review Committee
RIGHT TO KNOW OVERSIGHT COMMISSION (RSA 91-A:11)
10:00 a.m. Room 304, LOB Regular Meeting
10:15 a.m. Room 304, LOB Cost Receiving Subcommittee
Meeting (If Needed)
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
MONDAY, OCTOBER 18, 2010
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
9:30 a.m. Room 205, LOB Regular Meeting
COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T)
10:00 a.m. Room 206, LOB Organizational 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 Regular Meeting
tuesday, october 19, 2010
ESTABLISHING A
COMMISSION TO
8:30 a.m. Room 307, LOB Regular Meeting
COMMISSION ON HEALTH CARE COST CONTAINMENT (RSA 21-S:2)
9:00 a.m. Room 100, SH Regular Meeting
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1)
Cancelled Room 103, SH 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
COMMITTEE TO STUDY THE LAWS RELATING TO CONDOMINIUM AND HOMEOWNERS' ASSOCIATIONS (RSA 356-B:70)
10:00 a.m. Room 202, LOB Regular Meeting
COMMITTEE TO
2:00 p.m. Room 102, LOB Regular Meeting
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
2:00 p.m. Room 205, LOB Subcommittee Long Term
Care/Developmental Disabilities and
Elderly Subcommittee Meeting
CURRENT USE BOARD (RSA 79-A:3)
6:30 p.m.
629B
WEDNESDAY, OCTOBER 20, 2010
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13)
10:00 a.m. Room 205, LOB Mental Health and Substance Abuse
Subcommittee Meeting
COMMUNITY COLLEGE SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE (SB 82, Chapter 361:37, Laws of 2007)
Cancelled Room 212, 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
COMMITTEE TO STUDY EDUCATION AND CAREER DEVELOPMENT PROGRAMS FOR YOUTH AND YOUNG ADULTS, 17 TO 21 YEARS OF AGE, IN THE JUVENILE AND ADULT CRIMINAL JUSTICE SYSTEMS (HB 1177, Chapter 276:2, Laws of 2010)
1:00 p.m. Room 206, LOB Regular Meeting
LEGISLATIVE OVERSIGHT COMMITTEE TO MONITOR COMPLIANCE WITH THE REQUIREMENTS FOR ONLINE ACCESS TO BUDGET INFORMATION AND REPORTS UNDER RSA 9-F:1 (RSA 9-F:2)
1:00 p.m. Rooms 210-211, LOB Organizational Meeting
THURSDAY, OCTOBER 21, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
COMMITTEE TO STUDY COMPREHENSIVE MENTAL HEALTH AND SUBSTANCE USE DISORDERS PARITY (HB 1493, Chapter 323:1, Laws of 2010)
10:00 a.m. Room 303, LOB Regular Meeting
COMMITTEE TO STUDY THE ADMINISTRATIVE STRUCTURE AND ADJUDICATIVE PROCESS AT THE LIQUOR COMMISSION (SB 181, Chapter 248:2, Laws of 2010)
11:00 a.m. Room 100, SH Regular Meeting
COMMITTEE TO STUDY PHARMACY BENEFITS MANAGEMENT FOR INJURED WORKERS COVERED BY THE WORKERS' COMPENSATION LAW (SB 420, Chapter 313:1, Laws of 2010)
1:00 p.m. Room 103, LOB Regular Meeting
HEALTH INSURANCE REFORM OVERSIGHT COMMITTEE (RSA 420-L:6)
Cancelled NH Insurance Department Regular Meeting
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 304, LOB Regular Meeting
COMMISSION TO STUDY BUSINESS TAXES (RSA 77-F)
2:00 p.m. Room 103, SH Regular Meeting
FRIDAY, OCTOBER 22, 2010
OBD II TESTING ADVISORY COMMITTEE (RSA 266:59-b, VII (a))
10:00 a.m. Room 301, LOB Regular Meeting
BOARD OF MANUFACTURED HOUSING (RSA 205-A:25)
1:00 p.m. Room 201, LOB Regular Meeting
COMMISSION TO EXAMINE DRIVING WHILE IMPAIRED EDUCATION AND INTERVENTION PROGRAMS (HB 1311, Chapter 256:10, Laws of 2008)
1:30 p.m. Room 202, LOB Regular Meeting
MONDAY, OCTOBER 25, 2010
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB Regular Meeting
NH COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2)
10:00 a.m. NH Higher Education Regular Meeting
Assistance Foundation
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
HEALTH INSURANCE REFORM OVERSIGHT COMMITTEE (RSA 420-L:6)
1:00 p.m. NH Insurance Department Regular Meeting
COMMISSION TO STUDY FUTURE SUSTAINABLE REVENUE SOURCES FOR FUNDING IMPROVEMENTS TO STATE AND MUNICIPAL HIGHWAYS AND BRIDGES (HB 2, Chapter 144:291, I, Laws of 2009)
2:00 p.m. Room 201, LOB Regular Meeting
TUESDAY, OCTOBER 26, 2010
COMMITTEE TO STUDY THE CERTIFICATE OF NEED PROCESS (HB 234, Chapter 77:1, Laws of 2009)
9:30 a.m. Room 205, 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
MILK PRODUCERS EMERGENCY RELIEF FUND BOARD (RSA 184:109, I)
2:00 p.m. Room 103, SH Regular Meeting
CURRENT USE BOARD (RSA 79-A:3)
6:30 p.m.
WEDNESDAY, OCTOBER 27, 2010
COMMITTEE TO STUDY THE INCLUSION OF UNIVERSAL DESIGN REQUIREMENTS IN THE STATE BUILDING CODE (HB 1429, Chapter 110:1, Laws of 2010)
11:00 a.m. Room 205, LOB Regular Meeting
THURSDAY, OCTOBER 28, 2010
ASSESSING STANDARDS BOARD (RSA 21-J:14-a)
1:00 p.m. New Hampshire Department of Regular Board Meeting
Revenue Administration
109 Pleasant Street
COMMISSION TO
EVALUATE THE LONG-TERM USES OF THE LAKES REGION FACILITY LOCATED IN
6:00 p.m.
FRIDAY, OCTOBER 29, 2010
RIGHT TO KNOW OVERSIGHT COMMISSION (RSA 91-A:11)
10:00 a.m. Room 304, LOB Regular Meeting
10:15 a.m. Room 304, LOB Cost Receiving Subcommittee
Meeting (If Needed)
THURSDAY, NOVEMBER 4, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Continued Meeting
LEGISLATOR ORIENTATION (RSA 17-C:1)
9:30 a.m. Room 104, LOB Regular Meeting
JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1)
11:00 a.m. Room 100, SH Regular Meeting
MONDAY, NOVEMBER 8, 2010
CURRENT USE BOARD (RSA 79-A:3)
9:30 a.m. Department of Revenue Administration Public Forum
TUESDAY, NOVEMBER 9, 2010
MEDICAL MALPRACTICE PANEL AND INSURANCE OVERSIGHT COMMITTEE (RSA 519-B:11)
10:00 a.m. Room 103, SH Regular Meeting
FRIDAY, NOVEMBER 12, 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
STATE PARK SYSTEM ADVISORY COUNCIL (RSA 216-A:3-k)
1:00 p.m. Room 305, LOB Regular Meeting
MONDAY, NOVEMBER 15, 2010
FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a)
9:00 a.m. Rooms 210-211, LOB Regular Business
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c)
9:00 a.m. Room 100, SH Regular Meeting
12:30 p.m. Room 201, LOB Regular Business
TUESDAY, NOVEMBER 16, 2010
COMMISSION ON HEALTH CARE COST CONTAINMENT (RSA 21-S:2)
9:00 a.m. Room 100, SH Regular Meeting
THURSDAY, NOVEMBER 18, 2010
JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2)
9:00 a.m. Rooms 306-308, LOB Regular Meeting
FRIDAY, NOVEMBER 19, 2010
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
10:00 a.m. Room 102, LOB Non-Public Meeting of the Complaint
Review Committee
GUARDIAN AD LITEM BOARD (RSA 490-C:1)
1:00 p.m. Room 102, LOB Regular Meeting
MONDAY, NOVEMBER 22, 2010
OIL FUND DISBURSEMENT BOARD (RSA 146-D:4)
9:00 a.m. Room 305, LOB Regular Meeting
********
NOTICES
For planning purposes, please note that the New Legislator Orientation Program will
be held on Tuesday, November 16th through Thursday, November 18th.
Sylvia B. Larsen, Senate
President
********
MONDAY, OCTOBER 11, 2010
On Monday, October 11, 2010 at 9:00 a.m., the Commission
exploring monetizing certain state assets, enterprises, and resources (SSHB1,
Chapter 1:95, Laws of 2010) will be conducting a fact-finding tour of the Lakes
Region Facility in
Senator Lou D'Allesandro
********
TUESDAY, OCTOBER 12, 2010
All legislators and staff are invited to join the Council
for Children and Adolescents with Chronic Health Conditions (CCACHC) when Governor
John Lynch declares October 10-16 Childhood Chronic Health Conditions Awareness
Week in
Senator Molly Kelly
********
WEDNESDAY, OCTOBER 13, 2010
In appreciation to all of her loyal patrons who were
inconvenienced during the cafeteria refurbishment project, Elizabeth
Haralabatos of
Sylvia B. Larsen, Senate
President
********
LEGISLATIVE ETHICS COMMITTEE
The Legislative Ethics Committee has issued the following advisory opinion, which is printed below in its entirety.
Advisory Opinion 2010-5
Response to a Request for an Advisory Opinion
from
(September 20, 2010)
Representative Millham has requested an Advisory Opinion whether, consistent with applicable statutes and the Ethics Guidelines, it would be permissible for her to participate in official activity as a member of the Joint Legislative Committee on Administrative Rules in considering certain rule changes which may be proposed by the New Hampshire Insurance Department (NHID) pertaining to the New Hampshire Medical Malpractice Joint Underwriting Association (JUA).
According to information provided to the Committee by Representative Millham, she currently is an unpaid member of the Board of Trustees of Lakes Region General Healthcare (LRGH), and has no pecuniary interest in the organization. LRGH has been engaged in litigation with the Insurance Department regarding the JUA, and is associated with a position adverse to the rule changes currently proposed by NHID which she expects will be presented to JLCAR.
Specifically, Rep. Millham asks whether her participation in considering the proposed rule changes as member of JLCAR would violate Ethics Guidelines Section 4, Prohibited Activities, Paragraph II (d).
Relevant provisions of the Ethics Guidelines are:
1 PRINCIPLES OF PUBLIC SERVICE.
I. Public Office As A Public Trust Legislators should treat their office as a public trust, only using the powers and resources of public office to advance public interests, and not to attain personal benefits or pursue any other private interest incompatible with the public good.
II. Principle Of Independent Objective Judgment Legislators should employ independent objective judgment in performing their duties, deciding all matters on the merits free from conflicts of interest and both real and apparent improper influences.
2 DEFINITIONS.
* * * II. "Conflict Of Interest" is the condition in which a legislator has a financial interest in any official activity.
* * * V. "Financial Interest" is a reasonably foreseeable direct material financial effect which is greater on the legislator, legislative officer, legislative employee, or a family member than on the general public.
* * * X. "Official Activities" is the conduct of activities which relate to official responsibilities including the introduction of legislation, testifying before any legislative committee or state agency, voting in committee or in house or senate session or otherwise participating in, influencing, or attempting to influence any decision of the legislature, county delegation or any state agency.
4 PROHIBITED ACTIVITIES
* * * II. Legislators shall not:
* * * (d) Conduct private negotiations with any governmental agency in an attempt to obtain a decision on a pending matter which would result in special personal benefit to the legislator, to the legislator's immediate family, or to certain constituents which would not be available to others under similar conditions.
* * * V. Legislators shall not become involved in any official activity without complying with the conflict of interest procedure set forth in this document.
5 CONFLICT OF INTEREST PROCEDURE.
I. No declaration shall be required if no benefit or detriment could reasonably be expected to accrue to the legislator or the legislator's family member as a member of a business, profession, occupation, or other group, to any greater extent than to any other member of such business, profession, occupation, or other group, provided that disclosure of the legislator’s or family member's membership is made in the Financial Disclosure Form pursuant to section 3 of the Ethics Guidelines. For purposes of these guidelines, groups shall be limited to ones generally recognized and of a substantial size.
II. When a legislator becomes aware that a conflict of interest exists or may exist and the conditions set forth in paragraph I are not met, the legislator shall proceed in accordance with either subparagraph (a) or (b):
(a) Declare that the legislator will not participate in any official activity associated with the issue.
(b) Declare that the legislator intends to participate in the official activity and will provide a description of the conflict of interest including:
(1) names of all entities, both public and private, which might be affected;
(2) the nature of any benefit which may accrue to the legislator or legislator's family
member;
(3) the nature of any financial interest in the issue;
(4) the nature of any relationship which existed, exists or may exist between the legislator
and
(5) any person or entity which might be affected;
(6) such additional information as may be required to permit clear public awareness and
understanding of the nature and extent of the conflict.
We advise
as follows: It appears from the facts
presented that Rep. Millham has no discernible financial interest involved, and
therefore no “conflict of interest” as narrowly defined in the Guidelines. However, as a member of the Board of LRGH,
she has fiduciary duties to LRGH. That
situation may be perceived as potentially affecting her decision as a member of
JLCAR, where the proposed rule changes may directly affect the interests of
LRGH. Thus the interests of LRGH may be
viewed as a “private interest” which Principle I urges members not to pursue if
“incompatible with the public interest,” or as Principle II urges, an
“influence” to be avoided if apparently “improper.”
The Guidelines do not require
disqualification under these circumstances.
Instead, Guidelines Section 5 permits legislators to participate if its
procedures are followed, even where a defined “conflict of interest” is
present. Accordingly, we believe that to
avoid violating Principles I and II of the Guidelines would require Rep.
Millham to follow the procedures set forth in Guidelines Section 5, Paragraphs
II and
If consistent with those procedures, she chooses to participate in the matter, so long as her activity as a member of JLCAR is conducted openly, rather than in any private negotiation with the New Hampshire Insurance Department, we perceive no potential violation of Guidelines Section 4, Prohibited Activities, Paragraph II (d).
We appreciate the opportunity to be of assistance.
Martin L. Gross, Chairman
For the Committee
********
SENATE SCHEDULE
Thursday, November 11, 2010 Veterans'
Day (State
Tuesday, November 16, 2010 New Member Orientation
Wednesday, November 17, 2010 New Member Orientation
Thursday, November 18, 2010 New Member Orientation
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 – OCTOBER
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 October 2010. 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 |
|
Oct. 12 |
9:00 |
NH Children’s
Trust Fund Advocacy |
50 |
|
Oct. 12 |
1:00 |
Indian Head
Resort Trolley Tour |
50/Srs |
|
Oct. 13 |
10:00 |
|
40/4&5 |
|
Oct. 14 |
10:30/12:00 SH/HM |
Heron Pond |
100/4 |
|
Oct. 15 |
11:30 |
|
45/4 |
|
Oct. 18 |
10:00/11:30 SH/HM |
|
75/4 |
|
Oct. 19 |
9:30 |
International
Tourists |
12 |
|
Oct. 19 |
9:45/11:15 SH/HM |
|
75/5 |
|
Oct. 20 |
10:00 |
|
50/4 |
|
Oct. 20 |
11:00 |
|
55/4 |
|
Oct. 20 |
1:00 |
Henniker Area
Home School Group |
17 |
|
Oct. 21 |
9:00 |
|
35/col |
|
Oct. 21 |
10:00/11:00 |
|
110/4 |
|
Oct. 22 |
9:00 |
|
55 |
|
Oct. 22 |
9:45 |
|
48/5 |
|
Oct. 25 |
10:00/11:30 SH/HM |
Kearsarge
Regional – |
80/4 |
|
Oct. 26 |
10:15/11:45 SH/HM |
|
84/4 |
|
Oct. 27 |
9:15 |
|
45/4 |
|
Oct. 27 |
10:15/11:00 |
|
65/4 |
|
Oct. 27 |
12:30 |
|
40/HS |
|
Oct. 28 |
10:00/11:00 SH/CC |
|
60/4 |
|
Oct. 29 |
10:00/11:15 SH/HM |
|
68/4 |