Thursday, April 19, 2012

No need to call me-my vote is with the loons of #nh. See letter from #NHAudubon. #nhhouse #nhpolitics

Dear Friends of Loons,

 

Senate Bill 224, which would increase protection aquatic birds, particularly loons, from toxic lead fishing jigs will be heard before the House Committee on Fish and Game and Marine Resources this coming Tuesday, April 24, at 1:00 p.m. in the Legislative Office Building in Concord. Your calls, emails and letters to every member of this committee (contact information below) between now and next Tuesday will be the most important thing you can do this year to assure a future for New Hampshire’s loons.

 

Senate Bill 224 as amended by the Senate would leave existing regulations (restricting the use and sale of lead sinkers 1 ounce or less and lead jigs less than 1 inch in length) in place through 2014, and would ban the use of lead-headed jigs less than 2.5 inches in length beginning in January of 2015. 

 

Our loon population remains far below historic levels and the number of loon pairs on New Hampshire’s lakes decreased in 2011, after a record-high number of deaths from ingested lead tackle in 2010.  This decrease occurred despite record levels of management and outreach in recent years, and continued declines are projected unless mortality from lead poisoning is addressed. 

 

We know the toll lead tackle is taking on New Hampshire’s loons because biologists have been monitoring the State’s loon population very closely for many years.  Although no specific numbers are available, biologists across North America have also documented lead fishing tackle ingested by Canada Geese, American Black Ducks, Wood Ducks, Great Blue Herons, and Bald Eagles, among other species.

 

It will not be easy to gain the support of the House Fish and Game and Marine Resources Committee in view of the concerted efforts of certain fishing groups and the lead tackle lobby.  We need to work harder than ever to bring this bill out of committee with a convincing vote and then on to the final stage, a vote by the full House.  Your help with the following actions will make all the difference in securing these critical protections for our loons and other water birds:

 

1.  Please contact as many of the House Fish and Game and Marine Resources Committee members as you can between now and next Tuesday, April 24th to express your support for loons, waterfowl, and the important protections in SB 224. 

2.  If you can, please attend the hearing and sign in as supporting the bill, whether or not you choose to testify. 

3.  Please distribute this email as widely as you can to friends of loons and other wildlife in New Hampshire. 

 

Numbers matter in the House; the more people committee members hear from, the more likely they will take our concerns to heart and vote to save loons and other wildlife from this needless cause of death. 

 

Next Tuesday will be a critical day for loons in New Hampshire.  I hope I will be able to report that loons won out over toxic lead fishing tackle.  It’s in our power to make it so.  Thank you for your continued support of our loons!

Wednesday, April 11, 2012

#NHHouse session concluded--next session on 4/25

#NnHouse in session. Calendar attached #nhpolitics

HOUSE RECORD

 

Second Year of the 162nd General Court

Calendar and Journal of the 2012 Session

Vol. 34    Concord, N.H.                           Friday, April 6, 2012                               No. 29

Contains:  Reports and Amendments for April 11, Legislative Ethics Committee Advisory Opinion 2012-2, House Bills Amended by the Senate, Hearings, Meetings and Notices.

HOUSE CALENDAR

MEMBERS OF THE HOUSE:

 

The House will meet in Session on Wednesday, April 11, 2012 at 10:00 a.m.  The annual “Tartan Day” celebration will be held, at the conclusion of which we will take up the bills on the Calendar.

 

The Committee on Redress of Grievances has begun to issue its reports and findings with regard to petitions submitted to the Committee. These reports will appear in the House Calendar for informational purposes.

 

Please remember that Representatives Hall is not to be used for any purpose, whether legislative or non-legislative, without the express permission of the Speaker.

 

You are reminded that material is not to be placed in members’ mailboxes in the anteroom behind the Chamber unless and until it has been approved for such distribution by the House Chief of Staff.  Also, material is not to be distributed by members in Representatives Hall while the House is in Session.

 

Chairmen and Vice-Chairmen will meet on Tuesday, April 10, 2012 in LOB 305-307 at 9:00 a.m.

 

William L. O’Brien, Speaker

NOTICE

There will be a Republican Caucus on Wednesday, April 11 at 9:30 a.m. in Representatives Hall.

D.J. Bettencourt, Majority Leader 

NOTICE

There will be a Democratic Caucus on Wednesday, April 11 at 9:00 a.m.  in Rooms 305-307, LOB. 

Terie Norelli, Democratic Leader

NOTICE

The House calendar closes at 3:00 p.m. on Wednesdays for scheduling and notices. It closes at NOON on Thursdays for Committee Reports. Please be sure to do your scheduling in order to meet that deadline. 

CLOSES NOON THURSDAY:                                    AVAILABLE FRIDAY:

April 12                                                                        April 13

April 19                                                                        April 20

Karen O. Wadsworth, Clerk of the House

HOUSE DEADLINES FOR 2012 SESSION

 

                                                                                    Thursday, April 19, 2012          Last day to report SBs going to a second committee

 

                                                                                    Thursday, April 26, 2012          Last day to act on SBs going to a second committee.

 

                                                                                    Thursday, May 10, 2012           Last day to report all Senate bills.

 

                                                                                    Thursday, May 17, 2012           Last day to act on Senate bills.

wednesday, APRIL 11

CONSENT CALENDAR

CRIMINAL JUSTICE AND PUBLIC SAFETY

SB 277, establishing a sexual offender management board.  INEXPEDIENT TO LEGISLATE.

Rep. Mark Warden for Criminal Justice and Public Safety:  The committee concluded that while this bill is well intentioned and there are certainly ways in which laws and procedures pertaining to sexual offenses and offenders may be improved, the board proposed in this bill would be unwieldy, would impose costs upon the state (though there was no fiscal note attached), and would duplicate functions (studying issues, doing research, recommending changes to statutes) that are already performed by public agencies, non-profit organizations and legislators.  Vote 15-0.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS

SB 223, to make technical revisions relative to the health information organization corporation.  OUGHT TO PASS WITH AMENDMENT.

Rep. John M Reagan for Health, Human Services and Elderly Affairs: The technical revisions were necessary to comply with IRS rules regarding non-profit corporations’ disposal of assets should the corporation be dissolved.  The amendment changes the membership of the board to satisfy the board’s need for quorums to conduct business.  Vote 10-0.

SB 281, relative to exposure to infectious disease by emergency response and public safety workers and notification of public health authorities.  OUGHT TO PASS WITH AMENDMENT.

Rep. Rich T DiPentima for  Health, Human Services and Elderly Affairs:  This bill will add those individuals protected under RSA 508:12 (good Samaritans) to be notified if they sustain an unprotected exposure to an infectious disease while assisting an injured individual.  The current law provides such a notice for emergency response/public safety workers and persons using wreckers.  This bill simply gives good Samaritans this same level of protection.  Vote 17-0.

SB 319, changing the membership of and extending the commission to study the effects of service-connected post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans.  OUGHT TO PASS WITH AMENDMENT.

Rep. James R MacKay for Health, Human Services and Elderly Affairs: This has been an active committee with competent and experienced members.  It has taken its responsibilities seriously to study the variety of impacts of service connected post-traumatic stress disorders and traumatic brain injury suffered in the line of duty by members of the armed forces.  The committee has recently initiated a research protocol and requires more time to complete this important study.  This extension would allow the committee to finish the research study and continue its important work.  Vote 14-0.

SB 321-FN,  establishing a committee to study the continuation of payments to long-term care facilities.  OUGHT TO PASS.

Rep. James R MacKay for Health, Human Services and Elderly Affairs:  This committee will address a significant issue of non-reimbursement or late reimbursement of nursing homes by the Medicaid program.  This has an obvious negative impact on the several county nursing facilities.  This six member legislative committee will work with department of health and human services to facilitate timely payments to nursing home providers.  This legislation is supported by the commissioner of the department of health and human services.  The committee has very specific duties and will report within days of its first meeting.    Vote 17-0.

SB 348-FN, relative to the pulse oximetry test for newborns.  OUGHT TO PASS.

Rep. Laurie Harding for  Health, Human Services and Elderly Affairs:  This bill requires all NH hospitals who do deliveries to do pulse oximetry on all newborns.  Pulse oximetry is an inexpensive test that measures blood oxygen saturation.  An abnormal reading can indicate a congenital heart defect and indicate that the baby doesn’t have enough oxygen in the in the bloodstream.  The committee heard testimony from families and cardiologists and determined that it didn’t make sense to wait to implement a simple test that could save lives.  Vote 17-0.

SB 363, establishing a commission to study the regulation and licensing of youth camps, including youth skills camps.   OUGHT TO PASS.

Rep. Laurie Harding for  Health, Human Services and Elderly Affairs:  The committee agreed to this commission once the testimony made it clear the overnight camp regulations had not been reviewed in a number of years and that youth sports (skill) camps were not regulated at all.  Currently, there are not even criminal background checks required for counselors in these sports camps.  The camp industry is an important business for the state and the committee recognized that a commission would provide an opportunity to get the stakeholders together and make appropriate recommendations for regulatory updates for both those camps that are currently regulated and those that may be in need of regulation in the future.  Vote 16-0.

MUNICIPAL AND COUNTY GOVERNMENT

SB 83-FN, enabling municipalities to create other post-employment benefits (OPEB) trusts.  OUGHT TO PASS WITH AMENDMENT.

Rep. Franklin W Sterling for Municipal and County Government:  The purpose of SB 83-FN is to allow municipalities/school districts to create irrevocable trusts into which cities, towns and school districts could deposit funds for the future expense of post employment benefits (OPEB) of municipal/school district employees. Typically these benefits are but not limited to the continued payment of health insurance premiums (the House committee’s amendment, 2012-1513h, adds school districts). The bill as originally introduced had a fiscal impact note but when the bill was amended by the Senate the fiscal impact was eliminated.  Vote 14-0.

PUBLIC WORKS AND HIGHWAYS

SB 360, naming a pond in the town of Sandown.  OUGHT TO PASS.

Rep. Ross W Terrio for Public Works and Highways:  The intent of this bill is to name a small pond in the Town of Sandown, NH, “Sal’s Pond.”  The owner of the pond, Mr. Salvatore Genualdo, has had a positive impact on the children and parents of Sandown, NH by hosting an annual fishing derby.  This bill is supported by the Sandown Board of Selectmen and the Sandown Conservation Commissioner.  Vote 12-2.

SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM

SB 230-FN, relative to the calculation of average final compensation for certain retirement system members.  OUGHT TO PASS.

Rep. William B Smith for Special Committee on Public Employee Pensions Reform:  This bill provides a technical correction to the calculation of average final compensation for retirement system members.  It changes the calculation of excess compensation level over the member’s career from an average dollar amount to a percentage in determining annual earnable compensation for pension purposes.  The committee felt this was a fairer approach.  Vote 10-0.

TRANSPORTATION

SB 285-FN, authorizing suspension or revocation of a driver’s license for serious boating offenses and relative to loss of motorboat privileges for aggravated driving while intoxicated.  OUGHT TO PASS.

Rep. Robert W Williams for Transportation:  Any motor vehicle operator who loses the privilege of driving also loses the privilege of operating a motor boat and every motor boat operator that loses the privilege to operate a motor boat loses the privilege of driving a car for the same amount of time.  This bill corrects an oversight related to time lost by motor boat operators by an amendment to RSA 263.56.  The oversight was not having the same time loss of driving privileges by motor vehicle drivers and motor boat operators.  The goal is to have RSA-A:20 read that any person who is convicted of a violation of RSA 263.56, operators of a motor boat or drivers of a motor vehicle, shall have the same time loss period of driving privileges for both motor vehicles and motor boats.  Vote 12-0.

SB 296, relative to including next-of-kin contact information on a driver's license.  OUGHT TO PASS.

Rep. John R Cloutier for Transportation:  This enabling legislation would simply allow an individual to include next-of-kin contact information on his or her driver’s license or non driver’s picture identification card.  All the testimony received at the hearing in regard to this bill was favorable, and indicated the providing of such information by licensees and identification card holders would allow emergency workers to notify their next-of-kin more quickly in case of a serious accident or death.  Again, providing such information would not be mandatory.  Vote 12-0.

WEDNESDAY, APRIL 11

REGULAR CALENDAR

PUBLIC WORKS AND HIGHWAYS

SB 290, naming a bridge in Woodstock, New Hampshire the Hilliard Family Bridge.  OUGHT TO PASS.

Rep. Edmond D Gionet for Public Works and Highways:  Having considered the testimony, the committee unanimously agreed with the bill sponsors and the Woodstock Selectmen naming Bridge No. 197/085 after the Hilliard Family.  The Hilliard Family name has been well woven into the fabric of the state and local government.  Most recently, J. Stanton Hilliard served 21 years as a Woodstock Selectman, at the same time making major contributions towards the tourist and local economies.  Vote 13-0.

SB 367, naming a bridge in the town of Londonderry in honor of Lance Corporal Peter J. Sora, Jr., U.S.M.C. and Private First Class Eric D. Currier, U.S.M.C.  OUGHT TO PASS.

Rep. John A Graham for Public Works and Highways:  This bill names a bridge on the new Manchester Airport road the “Sora-Currier Memorial Bridge”, in honor of Lance Corporal Peter J. Sora, Jr., USMC and Private First Class Eric D. Currier, both young men from Londonderry.  Lance Corporal Sora died in a training accident shortly before being deployed to Iraq while PFC Currier was killed in Afghanistan.  Vote 13-0.

SB 391, naming a portion of New Hampshire route 107/43 in the town of Deerfield the Honorable Joseph E. Stone Highway.  OUGHT TO PASS.

Rep. Gene G Chandler for Public Works and Highways:  This bill would name a portion of Rte 107/43 in the Town of Deerfield the Honorable Joseph Stone Highway.  Rep. Stone was a well respected and beloved member of his community and the Deerfield Selectmen heartily agree to naming this section of highway after Rep. Stone.  In addition to being an active member of the legislature, Rep. Stone also served as a member of the school board and a Deerfield Selectman.  Naming this portion of the highway is a fitting tribute to a distinguished gentleman.  Vote 13-0.

SB 394-L, relative to the reclassification of Province Road in Strafford from the intersection of Route 202A to Ricky Nelson Road from class II to class V.  OUGHT TO PASS WITH AMENDMENT.

Rep. John A Graham for Public Works and Highways:   As introduced, this bill will reclassify Province Road in Strafford as a Class V highway following reconstruction of the road by the department of transportation.  The first part of the committee amendment simply states that if the transfer is not completed within six years the act is void.  The second part of the committee amendment was  non-germane and had a public hearing.  This portion of the amendment modifies the state’s capital budget in regards to the office of the Adjutant General.  The Adjutant General was recently provided an additional $2 million in military construction funds.  These funds will be used for expansion, renovation and construction at the armory in Milford.  Since these funds must be obligated prior to the end of the federal FY12 (September 30, 2012), it is imperative that this amendment be passed.  The committee strongly recommends passage of the bill as amended.  Vote 14-0.

SPECIAL COMMITTEE ON REDISTRICTING

SB 202, apportioning congressional districts.  MAJORITY:  OUGHT TO PASS.  MINORITY:  INEXPEDIENT TO LEGISLATE.

Rep. Robert H Rowe for the Majority of Special Committee on Redistricting:  This bill apportions the two congressional districts as required by Federal law.  The goal of the Special Committee on Redistricting was to redistrict the two Congressional Districts with as minimum a deviation as possible.  This has been achieved with a population in the First District of 658,233 citizens, and the Second district of 658,237.  The differential between the two districts is plus 2 citizens in the First District and minis 2 citizens in the Second district. The majority of the committee believes that the resulting plan fully meets Federal law.  Vote 11-5.      

Rep. Sandra B Keans for the Minority of Special Committee on Redistricting:  The minority believes HB 1671 (as amended by the House) is far superior to this bill (SB 202) for several reasons:  (1) HB 1671 moved only 250 constituents while SB 202 disrupts over 19,000 people.  (2) “Communities of Interest” such as Campton and Plymouth are separated.  (3) Three towns are moved from CD 1 to CD 2 and three other towns are moved over county lines from CD 2 to CD 1.  (4) HB 1671, representing the House position passed on a voice vote with no opposition.       

LAID ON TABLE

CACR 8, relating to education.  Providing that the legislature shall have the power to authorize schools.

HB 162-FN, relative to capital murder for purposely causing the death of another.   (Pending question:  adoption of committee report of ought to pass.)

HB 448-FN, relative to spice incense products.  (Pending question:  adoption of  committee report of inexpedient to legislate.)

HB 475-FN, relative to penalties under the consumer protection act.  (Pending question:  adoption of committee report of ought to pass.)

HB 494-FN, relative to tipped employees who deal card and table games at games of chance venues.  (Pending question:  adoption of majority committee report of ought to pass with amendment.)

HB 591, relative to the determination of parental rights based on the best interest of the child; relative to grounds for modification of an order regarding parental rights and responsibilities, and relative to grandparent and stepparent visitation rights.  (Pending question: adoption of majority committee report of inexpedient to legislate.)

HB 1147, proclaiming March 31 of each year as a day to remember Terri Schiavo.  (Pending question:  adoption of the committee report of inexpedient to legislate.)

HB 1220, repealing the criminal history record and protective order check for the sale of firearms.  (Pending question:  adoption of the committee report of inexpedient to legislate.)

HB 1238, relative to divestiture of Public Service of New Hampshire (PSNH) generation assets.  (Pending question – adoption of the committee report of ought o pass with amendment.)

HB 1318, relative to carrying firearms.  (Pending question – adoption of the committee report of  inexpedient to legislate.)

HB 1368, relative to real property held as a joint tenancy with rights of survivorship.  (Pending question – adoption of the majority committee report of ought to pass with amendment.)

HB 1413-FN, directing New Hampshire to withdraw from the No Child Left Behind Act. (Pending question – adoption of the majority committee report of ought to pass.)

HB 1453, relative to requiring planning boards to require a deeded right-of-way to a public road as a condition for approval of plans for certain developments.  (Pending question – adoption of the majority committee report of ought to pass.

HB 1517-FN-L, prohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court.  (Pending question – adoption of the majority committee report of ought to pass.)

HB 1522-FN, reducing the penalty for violating a local vendor ordinance.  (Pending question – adoption of the committee majority report if inexpedient to legislate.)

HB 1653-FN, relative to the rights of conscience for medical professionals.  (Pending question – adoption of the majority committee report of ought to pass.)

HB 1685-FN-L, relative to collective bargaining under the public employee labor relations statutes.  (Pending question:  adoption of the majority committee amendment.)

HB 1709-FN, establishing a criminal offense for failure to report a missing or deceased child.  (Pending question -  adoption of the committee report of refer for interim study.)

HCO 1, relative to implementing an election pursuant to representative districts established in the order.

SB 168-FN, conforming the interest and dividends tax to federal tax definitions.  (Pending question:  adoption of the majority committee report of ought to pass with amendment.)

NOTICE

LEGISLATIVE ETHICS COMMITTEE

      The Legislative Ethics Committee has voted to issue the following advisory opinion, which is printed below in its entirety.

Advisory Opinion 2012-2

Response to a Request for an Advisory Opinion

from Representative Kenneth Kreis

(March 16, 2012)

      Pursuant to RSA 14-B:3, I (c), Rep. Kenneth Kreis has requested an Advisory Opinion whether, consistent with applicable statutes and the Ethics Guidelines, he may participate in official activities regarding 2012 HB 1219, relative to the definition of wildlife for purposes of regulation by the Fish and Game Department.

      According to information provided to the Committee by Rep. Kreis, he is licensed as a “wildlife propagator” by the Fish and Game Department, for which he pays a fee of $35.00.  In that capacity, he has assisted friends in preparing farmed red deer and elk for market.  Rep. Kreis has stated that neither he nor any family member has received any compensation of any kind for such activity.  HB 1219 would redefine “wildlife” to exclude farmed red deer and elk from that category.

      Specifically, Rep. Kreis asks whether on the basis of this information, he would have a reportable financial interest or conflict of interest that would bear on his ability to participate in official activities regarding HB 1219, or similar legislation.

      Relevant provisions of applicable law are:

Ethics Guidelines

      1 Principles of Public Service, Paragraphs I and II

      2 Definitions, Paragraphs II. "Conflict Of Interest", V. "Financial Interest", and

            X. "Official Activities"

      3 Legislator’s Financial Disclosure Form, Introduction and Paragraph 2

      4 Prohibited Activities, Paragraphs II, III. and V.

      5 Conflict of Interest Procedure (all)

(See full text set out in Appendix)

     

      We advise as follows: 

      Based on Rep. Kreis’s representations, we assume that his purpose in proposing legislation involving the Fish and Game Department is not to pursue any private interest that would be incompatible with the public good.  If that were otherwise, his participation in official activity concerning the Bill, and other legislation involving the Department, could implicate Guidelines, Section 1, Principles of Public Service, Paragraph I, which prohibits legislators from using the powers and resources of public office to attain personal benefits or pursue any other private interest incompatible with the public good.  See also Guidelines Section 4, Prohibited Activities, Paragraphs II and III.

      Rep. Kreis has given assurances that neither he nor any family member has received any financial benefit or effect from his activities as a licensed wildlife propagator, and therefore none from the potential enactment of HB 1219.  Based on these assurances, we conclude that there would be no “conflict of interest” within the meaning of the specific financial conflict of interest provisions of the Guidelines that would affect his participation in official activity concerning the Bill.

      However, because Rep. Kreis pays a fee for his license as a wildlife propagator, he might well have a reportable financial interest in future legislation that would change the licensing fee.  To avoid violation of the Guidelines that might result from his participation in official activity in connection with such a bill, he should list his position as wildlife propagator under Item II(a) in the Financial Disclosure Form required of legislators by Section 3 of the Guidelines.

      Because the questions raised by Rep. Kreis’s request may be of general interest to legislators beyond the specific facts provided by Rep. Kreis, we offer the following observations to promote better understanding of the relevant provisions of the Guidelines.

      Principle I of the Guidelines requires legislators generally to use the powers and resources of public office only to advance public interests, and not to obtain personal benefits or pursue any other private interest incompatible with the public good.  Similarly, Principle II of the Guidelines requires legislators to decide all matters on the merits free from conflicts of interest and both real and apparent improper influences.  These are principles of public service that legislators should always bear in mind and abide by, in addition to the specific provisions of the Guidelines relating to financial conflict of interest.  Also, the Prohibited Acts set forth in Section 4 of the Guidelines broadly proscribe official activity that is motivated by pursuit of personal or private benefit, financial or otherwise.  See this Committee’s Special Report to the Speaker Regarding Complaint 97-1, (re Rep. Roland Hemon) decided July 1, 1997.  http://gencourt.state.nh.us/ethics/Complaints/priordecisions/1997-1%20Special%20Report.pdf

 

      Those broad prohibitions on pursuit of private interest are distinct from the specific financial conflict of interest provisions of the Guidelines, which are triggered only by the presence of financial interest in the outcome of an official activity.  As the Guidelines definitions state:

      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. * * *

[Emphasis added].

      Furthermore, even where a legislator may have a financial interest in an official activity (and therefore a conflict of interest as defined), the financial conflict of interest provisions of the Guidelines do not require a legislator to recuse, or decline to participate in the matter, or authorize anyone else to require the legislator to do so.  In this respect, the Guidelines are patterned after the traditional British Parliamentary standard, recognizing that in a citizen legislature, members must earn a living and therefore may have private financial interests of one kind or another that may be affected by legislation.  Accordingly, instead of disqualification, in the case of financial conflict of interest what the Guidelines require is disclosure, so that the legislator’s colleagues and the voters can be made aware of the legislator’s potential motivations, and respond accordingly.

      The Guidelines provide two specific mechanisms for disclosure:

      (1) Annually filing the Financial Disclosure Form specified by Section 3, which requires disclosure of the legislator’s primary sources of substantial income, as well as membership in groups that may be specially affected by legislation; and

      (2) where the Financial Disclosure Form may not adequately disclose a special interest with respect to a specific official activity, filing a Declaration of Intent Form disclosing the interest as specified in Section 5 of the Guidelines, and stating whether the legislator will either participate, or not participate, in the official activity in question.  The decision to participate or recuse is for the legislator to make, not others.  In the succinct words of the Guidelines, the point of the Declaration is to “permit clear public awareness and understanding of the nature and extent of the conflict,” thereby allowing colleagues and the electorate to judge the legislator’s conduct accordingly.

      Where a legislator is aware that he or she has a reportable conflict but is uncertain whether to file a Declaration of Intent Form, the better practice would be to file the form, because it will better serve the purpose of disclosure.  Similarly, filing a Declaration of Intent form is also appropriate where a legislator might reasonably be thought to have a special, private but non-financial interest influencing the official activity.  See Advisory Opinion 2010-5, Request of Rep. Alida Millham, September 20, 2010 (membership on board of directors of not-for-profit organization specially affected by proposed official activity requires filing Declaration of Intent). http://gencourt.state.nh.us/ethics/Advisory_Opinions/2010-5.pdf . The Ethics Committee’s Executive Administrator is available to assist legislators in filing the form.

      We appreciate the opportunity to be of assistance.

For the Committee,

Martin L. Gross

Chairman

[Vote: 7 - 0]

{The full texts of relevant provisions of the Ethics Guidelines are set forth in an Appendix to this Advisory Opinion, available at http://gencourt.state.nh.us/ethics/Advisory_Opinions/AO_Blurbs.htm }

HOUSE BILLS AMENDED BY THE SENATE

CACR 6, relating to taxation. Providing that a 3/5 vote is required to pass legislation imposing new or increased taxes or license fees, or to authorize the issuance of state bonds and providing that the general court shall appropriate funds for payment of interest and installments of principle of all state bonds.  (House Nonconcurred; C of C 3/7/12)

CACR 12, relating to public education. Providing that the general court shall have the authority to define standards for public education, establish standards of accountability, mitigate local disparities in educational opportunity and fiscal capacity, and have full discretion to determine the amount of state funding for education.  (House Nonconcurred; C of C 3/14/12)

HB 102, establishing a committee to study certain issues relative to the insurance department, banking department, and bureau of securities regulation of the office of the secretary of state.  (House Nonconcurred; C of C 2/22/12)

HB 110, requiring professional safety and security services personnel to report certain criminal offenses.  (House Concurred 2/1/12)

HB 145, permitting the audio and video recording of a law enforcement officer while in the course of his or her official duties.  (House Nonconcurred; C of C 3/7/12)

HB 146, relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.  (House Nonconcurred; C of C 3/7/12)

HB 158, relative to the misuse of social security numbers.  (House Nonconcurred; C of C 3/7/12)

HB 186-FN, relative to the definition of political communication. (House Nonconcurred 2/1/12)

HB 193, relative to the Mount Washington commission.  (SJ 3/28/12)

HB 418-FN, relative to the use of open source software and open data formats by state agencies and relative to the adoption of a statewide information policy regarding open government data standards.  (House Concurred 2/1/12)

HB 479-FN, relative to receivership of nursing homes and other residential health care facilities.  (SJ 1/18/12)

HB 508-FN, establishing a performance measurement for State agencies.  (House Nonconcurred; C of C 2/1/12)

HB 597, revising the child support guidelines based on an income shares model of calculating child support.  (House Nonconcurred; C of C 3/7/12)

HB 624, relative to the rulemaking authority of state agencies to establish fees and costs and establishing a committee to study the rulemaking authority of state agencies to establish fees.  (SJ 3/28/12)

HB 627-FN, relative to “essential benefits” under federal health care reform.  (House Nonconcurred; C of C  2/22/12)

HB 648, relative to eminent domain petitions by public utilities.  (House Concurred 2/8/12)

HB 1567, establishing a committee to study the federal Youth Corrections Act.  (SJ 3/28/12)

COMMITTEES OF CONFERENCE

CACR 6, relating to taxation. Providing that a 3/5 vote is required to pass legislation imposing new or increased taxes or license fees, or to authorize the issuance of state bonds and providing that the general court shall appropriate funds for payment of interest and installments of principle of all state bonds.  (Reps. Stepanek, Sanborn, Ulery and Azarian - Subject to Senate agreement.)

CACR 12, relating to public education. Providing that the general court shall have the authority to define standards for public education, establish standards of accountability, mitigate local disparities in educational opportunity and fiscal capacity, and have full discretion to determine the amount of state funding for education.  (Reps. L. Ober, Hess, Balboni and Renzullo; Alt:  Rep. Foose - Subject to Senate agreement.)

HB 102, establishing a committee to study certain issues relative to the insurance department, banking department, and bureau of securities regulation of the office of the secretary of state.  (Reps. Hunt, Mauro, McGuiness and Gidge - Subject to Senate agreement.)

HB 145, permitting the audio and video recording of a law enforcement officer while in the course of his or her official duties.  (Reps. Welch, Warden, Parsons and Ginsberg - Subject to Senate agreement.)

HB 146, relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.  (Reps. Giuda, LaCasse, McClarren and Wall - Subject to Senate agreement.)

HB 158, relative to the misuse of social security numbers.  (Reps. Murphy, Hagan, Palmer and Watrous - Subject to Senate agreement.

HB 508-FN, establishing a performance measurement for State agencies.  (Reps. Bowers, Moran, Cebrowski and Winter - Subject to Senate agreement.)

HB 597, revising the child support guidelines based on an income shares model of calculating child support.  (Reps. Moran, Edith Hogan, Soucy and Lovejoy - Subject to Senate agreement.)

HB 627-FN, relative to “essential benefits” under federal health care reform.  (Reps. Hunt, Manuse, Flanders and Schlachman - Subject to Senate agreement.)

committee meetings

FRIDAY, APRIL 6

ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION (RSA 282-A:128), Employment Security, 32 South Main Street, Concord

 9:00 a.m.         Regular meeting.

HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13), Room 205, LOB

10:00 a.m.        Regular meeting.

MONDAY, APRIL 9

ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21), Room 100, State House

 3:00 p.m.         Regular meeting.

COMMITTEE TO STUDY EXOTIC AQUATIC WEEDS AND SPECIES (RSA 487:30), Room 303, LOB  (please note room change.)

10:30 a.m.        Regular meeting.

COMMITTEE TO STUDY LAWS RELATING TO CONDO AND HOMEOWNERS’ ASSOCIATIONS (RSA 356-B:70), Room 304, LOB

 9:00 a.m.         Organizational meeting.

ECONOMIC STRATEGIC COMMISSION TO STUDY THE RELATIONSHIP BETWEEN NEW HAMPSHIRE BUSINESSES AND STATE GOVERNMENT (RSA 359-K:2), Rooms 305-307, LOB

10:00 a.m.        Regular meeting.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

10:30 a.m.        Subcommittee work session on 10:30 a.m. SB 239-FN, relative to the membership and duties of the installation standards board.

11:00 a.m.        Subcommittee work session on SB 226, transferring the administration of the electricians' board to the joint board for licensure and certification.

TUESDAY, APRIL 10

COMMERCE AND CONSUMER AFFAIRS (BANKING/BUSINESS DIVISION), Room 302, LOB

10:15 a.m.        SB 368, relative to nondepository trust companies.

10:30 a.m.        SB 235, relative to registration of business organizations with the secretary of state.

11:00 a.m.        SB 371, allowing a lien for labor and materials for professional design services.

1:15 p.m.          SB 175, regulating the commercial use of a person's identity.

1:45 p.m.          SB 335, establishing a procedure for certain condominiums to waive portions of the state fire code.

2:30 p.m.          SB 203-FN-A, relative to limited liability companies.

3:15 p.m.          SB 205, revising the New Hampshire business corporations act, RSA 293-A.

                        Work session may follow.

EDUCATION, Room 207, LOB

10:30 a.m.        SB 300, relative to special education services in chartered public schools.

11:00 a.m.        SB 402, relative to the adoption of policies for the management of concussion and head injury in youth sports.

11:30 a.m.        SB 404-FN, relative to funding for pupils enrolled in vocational education programs.

                        Executive session may follow.

ELECTION LAW, Room 308, LOB

10:00 a.m.        SB 232, relative to the date for the state primary election.

10:30 a.m.        SB 236, relative to nomination of candidates.

11:00 a.m.        SB 318-FN,  relative to voter registration.

1:30 p.m.          SB 289-FN, relative to presenting photo identification to vote in person.

                        Executive session may follow.

ENVIRONMENT AND AGRICULTURE, Room 303, LOB

10:00 a.m.        SB 311-FN-A,  establishing a director of the division of weights and measures and relative to the setting of weights and measures fees.

                        Executive session may follow.

ENVIRONMENT AND AGRICULTURE JOINT WITH MUNICIPAL AND COUNTY GOVERNMENT, Rooms 301-303, LOB

 1:00 p.m.         Rescheduled public hearing on SB 255, relative to liens for land use change tax assessments.

                        Executive session may follow.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

10:15 a.m.        SB 342,  relative to the inclusion of requirements for log structures in the state building code.

                        Executive session may follow.

11:00 a.m.        Immediately following the public hearing, review of new Department of Safety rules from HB 355, Chapter 210, Laws of 2011.

 1:15 p.m.         SB 314-FN, relative to state-owned vehicle fleet management.

                        Executive session may follow.

FINANCE, Rooms 210-211, LOB

10:00 a.m.        SB 383-FN-L, revising the distribution of school building aid grants.

11:00 a.m.        SB 401,  relative to reporting the average daily membership of pupils in the public schools and relative to adjustments to adequate education grants.

                        Executive session may follow.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB

10:00 a.m.        SB 284,  establishing a certified public health dental hygienist in New Hampshire.

11:00 a.m.        SB 286, relative to a controlled drug prescription health and safety program.

1:00 p.m.          SB 409-FN, relative to the use of marijuana for medicinal purposes.

                        Executive session may follow.

HOME EDUCATION ADVISORY COUNCIL (RSA 193-A:10), Department of Education Room 15, 101 Pleasant Street, Concord

 3:30 p.m.         Regular meeting.

HOUSE LEGISLATIVE FACILITIES SUBCOMMITTEE (RSA 17-E:2), Room 100, State House.

10:30 a.m.        Or five minutes after JFLC meeting, regular meeting.

JOINT LEGISLATIVE FACILITIES (RSA 17-E:2), Room 100, State House

10:00 a.m.        Regular meeting.

JUDICIARY, Room 208, LOB

10:00 a.m.        Executive session on SB 216,  relative to notification of revocation of conditional discharge by the department of health and human services.

10:30 a.m.        SB 283, relative to disposition of nursing home patient accounts.

11:00 a.m.        SB 359, relative to civil actions involving accessibility standards for public buildings.

1:00 p.m.          SB 301,  relative to the amendment of pleadings in landlord-tenant actions.

1:30 p.m.          SB 273, relative to vexatious litigants.

                        Executive session may follow.

MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

10:00 a.m.        SB 272-FN, relative to truancy.

10:45 a.m.        SB 233-L, relative to special elections of the charter commission.

11:15 a.m.        SB 254, relative to funding and expenditures from certain municipal special revenue funds.

11:30 a.m.        SB 225-FN-L, relative to fees for vital records.

                        Executive session may follow.

1:30 p.m.          Rescheduled full committee work session on SB 231, relative to municipal liens, SB 378, allowing municipalities to remove snow from private roads and driveways and class VI highways, SB 272-FN, relative to truancy.

MUNICIPAL AND COUNTY GOVERNMENT JOINT WITH ENVIRONMENT AND AGRICULTURE, Rooms 301-303, LOB

 1:00 p.m.         Rescheduled public hearing on SB 255, relative to liens for land use change tax assessments.

                        Executive session may follow.

RESOURCES, RECREATION AND DEVELOPMENT, Rooms 305-307, LOB

10:15 a.m.        SB 388, relative to the use of land along Silver Lake that is below the public trust boundary.

11:00 a.m.        SB 344, allowing the department of resources and economic development to cut vegetation in shoreland areas where public safety is of concern.

1:00 p.m.          SB 399-FN, relative to the maximum permit application fee for certain municipal or state agency dredging projects.

1:45 p.m.          SB 217-FN, relative to management of Cannon mountain by the department of resources and economic development.

                        Executive session may follow.

SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB

10:00 a.m.        SCR 2, regarding the White Mountain National Forest.

10:20 a.m.        SB 215, establishing a study committee on updating and improving the procedures and criteria for review of projects by the site evaluation committee.

11:00 a.m.        SB 252, increasing the maximum term for energy performance contracts.

                        Full committee work session may follow.

1:00 p.m.          Full committee work session on SB 218-FN, relative to electric renewable portfolio standards.

                        Full committee work session may follow.

                        Executive session may follow.

SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Room 204, LOB

1:00 p.m.          Subcommittee work session on defined contributions – Legal.

2:00 p.m.          SB 244-FN, relative to the administration of the New Hampshire retirement system.

TRANSPORTATION, Room 203, LOB

10:00 a.m.        SB 317, relative to towable devices permitted to be towed by a motorboat.

10:30 a.m.        SB 333, relative to a surviving spouse's right to retain a Purple Heart plate.

                        Executive session may follow.

11:00 a.m.        Executive session on SB 366-FN,  relative to use of certain OHRVs on snowmobile trails, and relative to authorization for snowmobiles and OHRVs registered in Vermont and Maine to operate in this state, SB 315, requiring motorists to give wide berth to highway maintenance vehicles, SB 282,  authorizing the commissioner of safety to require the installation of an ignition interlock device or enhanced technology ignition interlock device as a condition of restoring driving privileges in certain instances.

WEDNESDAY, APRIL 11

SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Room 307, LOB

 3:00 p.m.         Subcommittee work session on defined contributions.

THURSDAY, APRIL 12

CHILDREN AND FAMILY LAW JOINT WITH EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Rooms 306-308, LOB

10:00 a.m.        Performance audit of the GAL Board.

COMMERCE AND CONSUMER AFFAIRS (INSURANCE/CONSUMER PROTECTION DIVISION), Rooms 302-304, LOB

10:00 a.m.        SB 219-FN, relative to guaranteed issue for health insurance.

10:30 a.m.        SB 220, relative to external review under the managed care law.

11:00 a.m.        SB 288, relative to the exchange of public health information through a health information exchange.

1:15 p.m.          SB 221, relative to life, accident, and health insurance.

1:45 p.m.          SB 253, relative to debt-related mortgage disability and mortgage accidental death insurance.

2:15 p.m.          SB 334, relative to Medicare unfair trade practices.

                        Work session may follow.

COMMISSION TO STUDY BUSINESS REGULATIONS IN NEW HAMPSHIRE (RSA 359-L:1), Room 303, LOB

 3:00 p.m.         Subcommittee meeting.

Room 307, LOB

3:00 p.m.          Subcommittee meeting.

ENVIRONMENT AND AGRICULTURE, Room 307, LOB

10:00 a.m.        Subcommittee work session on SB 311-FN-A, establishing a director of the division of weights and measures and relative to the setting of weights and measures fees.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION JOINT WITH CHILDREN AND FAMILY LAW, Rooms 306-308, LOB

10:00 a.m.        Performance audit of the GAL Board.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

8:30 a.m.          Subcommittee work session on SB 339, establishing Loon Appreciation Day.

8:40 a.m.          Subcommittee work session on SB 314-FN, relative to state-owned vehicle fleet management.

1:15 p.m.          SB 392-FN, relative to road salt applicators.

                        Executive session may follow.

HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13), Room 205, LOB

 1:00 p.m.         Medical sharps subcommittee meeting.

MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

10:00 a.m.        SB 306, relative to the commercial and industrial construction property tax exemption.

10:45 a.m.        SB 238, establishing a committee to assess the form of government in towns that have elected the official ballot referendum form of meeting.

                        Executive session may follow.

NH INNOVATION RESEARCH CENTER OVERSIGHT COMMITTEE (RSA 187-A:32), UNH Law School. Room 175, The Franklin Center Board Room, Concord

 2:00 p.m.         Regular meeting.

PUBLIC WORKS AND HIGHWAYS, Room 201, LOB

11:00 a.m.        Public hearing on proposed amendment to SB 291, relative to the use of currently allowed impact fees by municipalities.  Copies of the amendment are available from the Sergeant-at-Arms office.

                        Executive session may follow.

REDRESS OF GRIEVANCES, Room 303, LOB

10:00 a.m.        PETITION 13, grievance of Hope Nardone.

10:10 a.m.        PETITION 24, grievance of William J. Donovan, III.

10:30 a.m.        PETITION 34, grievance of Daniel Shepard.

                        Work session may follow.

RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB

10:00 a.m.        Subcommittee work session on SB 142-FN, relative to reorganizing the permitting process within the department of environmental services.

FRIDAY, APRIL 13

FISCAL COMMITTEE (RSA 14:30-a), Rooms 210-211, LOB

10:00 a.m.        Regular business.

10:30 a.m.        Audits:  State of New Hampshire, single audit of federal financial assistance programs for the year ended June 30, 2011

                        State of New Hampshire Turnpike System management letter for the fiscal year ended June 30, 2011

                        State of New Hampshire, Public Utilities Commission and its administratively attached agencies performance audit April 2012

                        State of New Hampshire, Banking Department financial audit report fiscal year ended June 30, 2011

GUARDIANS AD LITEM BOARD (RSA 490-C:1), Room 102, LOB

  9:00 a.m.        Non-public session of the Complaint Review Committee.

NEW HAMPSHIRE COMMISSION ON DEAFNESS AND HEARING LOSS (RSA 125-Q), NE Deaf and Hard of Hearing, 57 Regional Drive, Concord

 1:30 p.m.         Regular meeting.

WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62), Room 303, LOB

 9:00 a.m.         Regular meeting.

MONDAY, APRIL 16

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25), Room 201, LOB

 1:00 p.m.         Regular meeting.

COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T:1), Room 303, LOB

10:00 a.m.        Regular meeting.

COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009), Room 103, State House

 1:00 p.m.         Regular meeting.

LEGISLATIVE OVERSIGHT COMMITTEE TO MONITOR COMPLIANCE WITH THE REQUIREMENTS FOR ONLINE ACCESS TO BUDGET INFORMATION AND REPORTS (RSA 9-F:2), Room 308, LOB

10:00 a.m.        Regular meeting.

TUESDAY, APRIL 17

COMMERCE AND CONSUMER AFFAIRS, Room 302, LOB

10:15 a.m.        Briefing by Chairman Mollica of the NH Liquor Commission on NH Wineries distribution and placement in stores.

11:00 a.m.        Full committee work session on SB 205, revising the New Hampshire business corporations act, RSA 293-A, SB 335, establishing a procedure for certain condominiums to waive portions of the state fire code, SB 203-FN-A, relative to limited liability companies.

 1:15 p.m.         Executive session on SB 203-FN-A, relative to limited liability companies, SB 205, revising the New Hampshire business corporations act, RSA 293-A, SB 335, establishing a procedure for certain condominiums to waive portions of the state fire code.

EDUCATION, Room 207, LOB

10:30 a.m.        SB 268, relative to the appointment of the treasurer of the Concord school district.

11:00 a.m.        SB 328, relative to the procedure for filling a vacancy on a cooperative school board.

11:30 a.m.        SB 373-L, authorizing the retention of funds by a school district.

                        Executive session may follow.

 1:00 p.m.         Executive session on SB 404-FN, relative to funding for pupils enrolled in vocational education programs.

ENVIRONMENT AND AGRICULTURE, Room 303, LOB

10:00 a.m.        Executive session on SB 311-FN-A, establishing a director of the division of weights and measures and relative to the setting of weights and measures fees.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

10:15 a.m.        SB 310, relative to the commemoration of Purple Day in recognition of epilepsy awareness and relative to the observance of Cancer Prevention Day.

10:45 a.m.        SB 407-FN,  relative to the purchasing policy of the department of information technology and relative to the transfer of federal grant funds.

11:30 a.m.        SB 343-FN, establishing an independent board of psychologists.

                        Executive session may follow.

 1:15 p.m.         Executive session on SB 314-FN, relative to state-owned vehicle fleet management, SB 343-FN, establishing an independent board of psychologists, SB 392-FN, relative to road salt applicators, SB 407-FN,  relative to the purchasing policy of the department of information technology and relative to the transfer of federal grant funds.

FINANCE/WAYS AND MEANS JOINT WITH SENATE FINANCE AND SENATE WAYS AND MEANS, Rooms 210-211, LOB

 1:00 p.m.         Meeting on the Federal Deficit and Federal Budget Control Act and their impact on states.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB

10:00 a.m.        Executive session on SB 284, establishing a certified public health dental hygienist in New Hampshire, SB 286, relative to a controlled drug prescription health and safety program, SB 287, relative to confidential prescription data, SB 347-FN, relative to the department of health and human services administrative appeals, SB 349, relative to the administration of juvenile justice services, SB 357, establishing a commission to study how the Patient Protection and Affordable Care Act of 2009, as amended, will affect emergency and ambulance providers, SB 409-FN, relative to the use of marijuana for medicinal purposes.

MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

10:00 a.m.        Full committee work session on SB 306, relative to the commercial and industrial construction property tax exemption.

10:10 a.m.        Full committee work session on SB 238, establishing a committee to assess the form of government in towns that have elected the official ballot referendum form of meeting.

10:45 a.m.        Executive session to follow.

11:30 a.m.        SB 389-L, relative to sewer commission costs.

1:00 p.m.          SB 395, relative to construction of an access road on land in current use.

                        Executive session may follow.

NH-CANADIAN TRADE COUNCIL (RSA 12-A:2-g), Upham Walker House, Park Street, Concord

11:00 a.m.        Regular meeting.

REDRESS OF GRIEVANCES, Room 104, LOB

10:00 a.m.        PETITION 33, grievance of Nicholas Haas.

                        Work session may follow.

RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB

12:45 p.m.        Subcommittee work session on SB 358-FN, expanding eligibility for free admission to the state park system to certain members and their families and retired members of the armed forces.

 1:00 p.m.         Executive session on SB 142-FN, relative to reorganizing the permitting process within the department of environmental services, SB 217-FN, relative to management of Cannon mountain by the department of resources and economic development, SB 237-FN, relative to field purchases and transfers of funds for the state park system and the bureau of trails, and the use of gifts and donations to the division of parks and recreation, SB 247-FN-L, relative to certifying municipal culvert installers, SB 324-FN, relative to the use of funds generated by the Hampton Beach parking facilities, SB 330-FN, requiring an independent financial opinion prior to the leasing of any state park property to a private entity, SB 399-FN,  relative to the maximum permit application fee for certain municipal or state agency dredging projects.

SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB

10:00 a.m.        SB 258, authorizing group net metering for limited electrical energy producers.

11:00 a.m.        SB 266-FN, prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent.

1:00 p.m.          Continued public hearing on SB 48, relative to state regulation of telephone service providers and clarifying the authority of the public utilities commission to regulate pole attachments.

                        Executive session continued from April 10 may follow, if needed.

WAYS AND MEANS, Room 202, LOB

10:00 a.m.        SB 155-FN-A, relative to section 179 expense deductions under the business profits tax.

10:30 a.m.        SB 295-FN-A, increasing the research and development tax credit against the business profits tax.

11:00 a.m.        SB 307-FN, relative to the refund of tax overpayment related to a fraudulent investment scheme.

                        Executive session may follow.

WAYS AND MEANS/FINANCE JOINT WITH SENATE FINANCE AND SENATE WAYS AND MEANS, Rooms 210-211, LOB

 1:00 p.m.         Meeting on the Federal Deficit and Federal Budget Control Act and their impact on states.

THURSDAY, APRIL 19

COMMISSION TO STUDY BUSINESS REGULATIONS IN NEW HAMPSHIRE (RSA 359-L:1), Room 303, LOB

 3:00 p.m.         Subcommittee on the definition of independent contractor.

COMMISSION TO STUDY THE EFFECTS OF SERVICE-CONNECTED POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY (RSA 115-D:1), Room 203, LOB

 2:30 p.m.         Regular meeting.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

 8:30 a.m.         Subcommittee work session on SB 177, relative to training of directors and officers of nonprofit corporations.

10:00 a.m.        SB 234-FN,  relative to salary grades for certain executive branch positions and relative to the retirement classification of the director of the division of forests and lands.

10:45 a.m.        SB 259, relative to the appointment of the director of ports and harbors and relative to transfer of land within the Pease development authority.

                        Executive session may follow.

SHORELAND ADVISORY COMMITTEE (RSA 483-B:21), Department of Environmental Services, 29 Hazen Drive, Concord

 9:00 a.m.         Regular meeting.

STATE FEDERAL RELATIONS AND VETERANS AFFAIRS, Room 203, LOB

 9:30 a.m.         Executive session on SCR 1, urging Congress to call a convention for the sole purpose of proposing an amendment to the Constitution of the United States, SB 302-FN, relative to the Honor and Remember Flag as an official symbol to recognize and honor fallen members of the armed forces.

WAYS AND MEANS, Room 202, LOB

 9:00 a.m.         Executive session on SB 155-FN-A, relative to section 179 expense deductions under the business profits tax, SB 295-FN-A, increasing the research and development tax credit against the business profits tax, SB 307-FN, relative to the refund of tax overpayment related to a fraudulent investment scheme.

FRIDAY, APRIL 20

ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB

 9:00 a.m.         Regular meeting.

GUARDIANS AD LITEM BOARD (RSA 490-C:1), Room 101, LOB

 1:00 p.m.         Regular meeting.

MONDAY, APRIL 23

OIL FUND DISBURSEMENT (RSA 146-D:4), Room 305, LOB

 9:00 a.m.         Regular meeting.

THURSDAY, APRIL 26

COMMISSION TO STUDY BUSINESS REGULATIONS IN NEW HAMPSHIRE (RSA 359-L:1), Room 303, LOB

 3:00 p.m.         Full committee meeting.

FRIDAY, APRIL 27

NEW HAMPSHIRE RAIL TRANSIT AUTHORITY BOARD OF DIRECTORS (RSA 238-A:2), Room 203, LOB

10:00 a.m.        Regular meeting.

TUESDAY, MAY 1

MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

10:00 a.m.        SB 260,  relative to protection and preservation of significant archeological deposits.

10:30 a.m.        SB 340, relative to locations for junkyards.

11:00 a.m.        SB 382-FN-L,  allowing for proration of property assessments for damaged buildings.

                        Executive session may follow.

 1:00 p.m.         Rescheduled full committee work session on SB 233-L, relative to special elections of the charter commission.

 1:10 p.m.         Rescheduled full committee work session on SB 254, relative to funding and expenditures from certain municipal special revenue funds.

 1:20 p.m.         Rescheduled full committee work session on SB 255, relative to liens for land use change tax assessments.

 1:45 p.m.         Rescheduled executive session on SB 233-L, relative to special elections of the charter commission, SB 254, relative to funding and expenditures from certain municipal special revenue funds, SB 255, relative to liens for land use change tax assessments.

WEDNESDAY, MAY 2

EDUCATION OF CHILDREN WITH DISABILITIES ADVISORY COMMITTEE (RSA 186-C:3-b), Department of Education, Londergan Hall, Room 15, 101 Pleasant Street, Concord

 4:30 p.m.         Regular meeting.

FRIDAY, MAY 4

ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB

 9:00 a.m.         Continued regular meeting.

MONDAY, MAY 7

STATE COMMITTEE ON AGING (RSA161-F:7), Department of Health and Human Services, Brown Building, Pleasant Street, Concord

10:00 a.m.        Regular meeting.

TUESDAY, MAY 8

EDUCATION, Room 207, LOB

11:00 a.m.        Executive session on SB 300, relative to special education services in chartered public schools, SB 402, relative to the adoption of policies for the management of concussion and head injury in youth sports, SB 268, relative to the appointment of the treasurer of the Concord school district, SB 328, relative to the procedure for filling a vacancy on a cooperative school board,  SB 373-L, authorizing the retention of funds by a school district.

THURSDAY, MAY 10

COMMISSION TO STUDY BUSINESS REGULATIONS IN NEW HAMPSHIRE (RSA 359-L:1), Room 303, LOB

 3:00 p.m.         Subcommittee meeting.

Room 307, LOB

3:00 p.m.          Subcommittee meeting.

MONDAY, MAY 14

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2), NH Higher Education Assistance Foundation, 4 Barrell Court, Concord

10:00 a.m.        Regular meeting.

OFFICIAL NOTICES

County Delegation Notice

Belknap County Executive Committee will meet on Monday, April 9 at 4:00 p.m. to consider and approve Belknap County Tax Anticipation note as presented by the Treasurer.  Full Delegation is invited to attend.  Agenda will include any other business.

Rep. Alida I. Millham, Chairman

Belknap County Executive Committee

County Delegation Notice

Rockingham County Executive Committee will meet, to conduct the first quarter budget review on Friday, April 27, 2012 at 9:30 a.m., at the Hilton Auditorium, Rockingham County Nursing Home, Brentwood.

Rep. David A. Welch, Clerk

Rockingham County Executive Committee

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REVISED FISCAL NOTES

The following House Bills and Senate bills have a revised fiscal note:  HBs 102, 110, 186, 222, 225, 228, 234, 242, 247, 263, 269, 325, 351, 418, 420, 440, 445,  449, 494, 508, 518, 533, 602, 627, 652, 1155, 1185, 1204, 1230, 1251, 1274, 1297, 1302,1366, 1383, 1418, 1455, 1473, 1483, 1495, 1496, 1505, 1510, 1521, 1526, 1529, 1534, 1546, 1547, 1552, 1576, 1593, 1597, 1607, 1611, 1644, 1659, 1666, 1673, 1675, 1677, 1678, 1679, 1680, 1682, 1685, 1686, 1687, 1688, 1691, 1692, 1695, 1696, 1698, 1701, 1713, 1721.  SBs 48, 83, 153, 239, 244, 247, 258, 266, 285, 302, 313, 321, 330, 338, 347, 348, 358, 350, 366, 392.

Karen O. Wadsworth, Clerk of the House

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When the House Clerk’s Office is aware of House Members who are hospitalized or homebound by serious illness, we will publish a list of names and addresses as requested.

Rep. Frank G. Case, 44 Beach Head Road, Nottingham, New Hampshire  03290-4921.

Rep. Karen K. Hutchinson, 11 Buttrick Road, Londonderry, New Hampshire 03053-3305.

Rep. Jean L. Jeudy, 134 Calef Road, Manchester, New Hampshire 03103-6324

Colleagues who so desire may send cards and greetings to the address listed above.

Karen O. Wadsworth, Clerk of the House

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members’ notices

The following notices are published in the House record as a courtesy to the member(s) requesting publication.  These are not official public notices and will be limited to legislative policy or legislative social activities and political meetings or events.  Publication should not be construed as support for either the events listed or the views espoused by the individual or organization sponsoring the event.

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The components of the NH Dental Society will be inviting legislators to events in their area in order to share information regarding oral health issues in New Hampshire.  Please watch for invitations in the mail.

Reps. D.J. Bettencourt and Terie Norelli

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The Barnstead-Alton Republican Committee (BARC) has announced that their next monthly meeting will be held on Tuesday, April 10.  The meeting begins at 6:30 p.m. (5:30 p.m. if you wish to have dinner, at your option) at J.J. Goodwin's Restaurant, 769 Suncook Valley Highway (Rt 28), in Center Barnstead.   For further details, please check the BARC website at www.BARC-NewHampshire.com or send an email to Barnstead.Alton.RepubComm@gmail.com.

Rep. Elaine B. Swinford

******

All Representatives are invited to the Upham Walker House on Wednesday, April 11 at 9:00 a.m. for morning prayer and fellowship.  Coffee will be provided.

Rep. Susan C. DeLemus

******

All legislators and staff are cordially invited to stop by the State House cafeteria on Wednesday, April 11, 2012, to talk with faculty and students from various New Hampshire colleges and universities (including UNH, Dartmouth, Franklin Pierce, Keene State, Plymouth State, St. Anselm's, Great Bay Community College, and others) about their biomedical research projects.  IDeA’s Network of Biomedical Research Excellence, which funds this research in NH, is designed to increase research opportunities for students and faculty; develop research cultures at partner schools, increase the number of students that continue in research; and enhance the science training of the NH work force.  Students in your district may well be there, so come see their research in action.  The group will be on hand starting at noon. 

Reps. Edward P. Moran and Beatriz Pastor

******

The next meeting of the Belknap County Republican Committee (BCRC) will be held at 6:30 p.m. on Wednesday, April 11.  For a change of pace, this month’s meeting will be held at C.J. Avery’s Restaurant, 10 Railroad Ave., in the Lakeport section of Laconia.   Featured this month as guest speaker is Steve Duprey, current NH Republican National Committeeman who is running for re-election at the NH GOP’s Annual State Committee Meeting being held this year at Interlakes High School in Meredith on April 14.  Duprey will talk about his accomplishments as National Committeeman, and his plans for the future if re-elected.  In addition, Juliana Bergeron, candidate for National Committeewoman, will visit with the committee again to share some additional thoughts about her candidacy.  The agenda also includes a planning update for the annual Mount Washington cruise scheduled for Friday, June 1, as well as discussion about the recently passed House and Senate redistricting plans.  If you're interested in having dinner (at your option) or want to socialize before the meeting, plan to arrive as early as 5:15 p.m.    Again, please note that the location has been changed to C.J. Avery’s Restaurant for this month’s meeting.  For more information, please check www.BelknapCountyRepublicans.org or send an email to Alan@BelknapCountyRepublicans.org   And for Mount Washington Cruise tickets or information, please send an email to BelknapGOPCruiseTickets@gmail.com .

Rep. Elaine B. Swinford

******

The City and Town Clerks Association would like to invite all representatives to breakfast on Thursday, April 12 from 8:00 to 9:30 a.m. in the State House Cafeteria.  Come and meet your clerk.

Rep. James E. Coffey

******

The Water Quality and Standards Advisory Committee will meet on April 12 at 1:30 p.m. at the Department of Environmental Services, 29 Hazen Drive, Concord.   At this meeting there will be a continued discussion of Class A criteria with presentations/updates on wetland water quality standards and water temperature in NH rivers and streams.

Rep. Andrew Renzullo

******

Legislators are invited to attend a webinar entitled Expanding on the Science: Foundations of Early Childhood Development to be held on Friday, April 13, 2012, from 12:00 Noon until 1:30 p.m. in Room 207 of the Legislative Office Building.   This webinar is second in the series of four webinars designed for NCSL Early Learning Fellows and colleagues. Research and scientific evidence show that positive and negative influences are critical to the development of children's brains and can have an impact on learning, and school success, behavior and even lifelong health. The webinar will feature Dr Jack Shonkoff with the Center on the Developing Child at Harvard University, who will discuss the policy implications of early experiences on the brain. Joining him will be Dr. Ron Haskins with the Center on Children and Families at The Brookings Institution, who will respond to the science and also give his thoughts on where early childhood policies are going. Time will be provided for questions and discussion.

Rep. Mary Stuart Gile

******

UNH LEGISLATIVE LUNCHEON:  Members of the General Court and staff are invited to join UNH President Mark W. Huddleston on Wednesday, April 18th from Noon – 1:30 p.m. at St. Paul’s Church, 21 Centre Street to learn how the University of New Hampshire is driving research and innovation in New Hampshire and forging job-creating partnerships with New Hampshire businesses. A brown bag lunch will be provided.  Please register by April 11th at www.unh.edu/universityevents or call (603) 862-3660.

Rep. Judith Spang

******

All are welcomed to Representative Burt’s Hot Dog Day, Wednesday, April 18th at lunch break.  All Representatives, Senators, staff at the State House, Annex and LOB are welcome to join Rep Burt for a relaxing lunch in front of the State House near the arch.  There will be plenty of free Hot Dogs with all the fixings and two 24 inch camp fires “with the proper permits” for smores.

Rep. John A. Burt

******

All members of the House are invited to the first annual Technology Showcase presented by the Department of Information Technology (DoIT), to be held April 18, 2012 from 4:00 p.m. to 6:00 p.m., at the Division of Motor Vehicles Auditorium, 23 Hazen Drive, Concord, NH.  Join other Legislators and Commissioners for the informative keynote address by DoIT Commissioner S. William Rogers on the State’s investment in technology and our future direction.  Learn more about DoIT and view live demonstrations of the information technology systems that run the State such as the DHHS Immediate Response Management System, the DOS E-Ticketing System, the NHES Job Match System, the DoIT Business OneStop System, the DES E-Permitting System, and several others.    Please RSVP by April 17th to: www.nh.gov/open-house.html .  Registration is free.

Rep. Seth Cohn

******

The Vesta Roy Excellence in Public Service Series Spring Mixer will be held on Thursday, April 19, 2012, from 5:00 p.m. until 7:00 p.m. at the Draft Sports Bar & Grill, 67 South Main Street, Concord (Upstairs), featuring New Hampshire’s newly elected Republican National Committeewoman.  Come hear from our new RNC Committeewoman and meet the current class, alumnae and the Vesta Roy Board.  Donation $10. Sponsored by the Vesta Roy Class of 2012.

Rep. Joanne Ward

******

Discover WILD New Hampshire Day is set for Saturday, April 21.  This family friendly  event takes place from 10:00 a.m. to 3:00 p.m. on the grounds of the NH Fish and Game Department at 11 Hazen Drive in Concord.  Admission is free.  Come enjoy dozens of exhibits presented by New Hampshire environmental, conservation and outdoor organizations.  See live animals, big fish and trained falcons.  The kids can try archery, casting and making arts and crafts.  Explore new trends in recycling, environmental protection and energy-efficient hybrid vehicles.  This is a great place to discover how you can connect with life outdoors.  Co-sponsored by the New Hampshire Fish and Game Department and the New Hampshire Department of Environmental Services  - now celebrating its 25th anniversary - with support from the Wildlife Heritage Foundation of New Hampshire.  Visit  http://www.wildnh.com.

Rep. Dennis Reed

******

“Banding Together for Oral Health,” all Representatives and their staff are invited to join the NH Oral Health Coalition for breakfast and displays in the State House Cafeteria on Wednesday, April 25 from 7:30 a.m. to 9:00 a.m.  Breakfast will be served starting at 7:30 a.m. and will be provided by Elizabeth’s at the State House.

Reps. John Cebrowski and Rich DiPentima

******

All legislators are cordially invited to join the ServiceLink Network staff and its Advisory Board members in the State House cafeteria on Wednesday, April 25 during the lunch break for an informal luncheon reception.  Sandwiches, hot and cold drinks and dessert will be provided.

Reps. William Butynski and James P. Pilliod

******

The American Red Cross and the Greater Concord Chamber of Commerce cordially invite you to a Legislative Reception on Wednesday, April 25th, 4:30 - 6:00 p.m. at the NH Red Cross Headquarters located at 2 Maitland Street in Concord. Join a gathering of elected officials, business leaders and representatives from the Red Cross for refreshments and informal conversation as we move closer to the end of the legislative session.  Directions to Red Cross, 2 Maitland Street, Concord:  Head southeast on N. Main Street toward Pitman Street for 1.0 miles.  Turn right onto S. Main street and drive 0.4 miles.  Turn right onto Maitland Street.  2 Maitland Street and Red Cross building will be on your right.

Reps. DJ Bettencourt and Mary Jane Wallner

******

All Representatives and staff are invited to the Biennial Legislative Health Screening Day presented by Health Services.  This event will be held on Thursday, April 26th  on the third floor of the LOB from 12:00 p.m. to 4:00 p.m.  There will be blood pressure screenings, blood sugar screenings, glaucoma screening, fall prevention balance screening and even a chair massage by Hesser College and many more.  Got questions? Bring them to our participating professionals including medical doctor, dentist, pharmacists and ophthalmologist for quick up to date information.  I’m looking forward to seeing you there.

Rep. David Bates

******

National Committeewoman, Phyllis Woods, would like to invite all Republican women to attend an exciting and informative event.:  Women's Summit will be held on Saturday, May 12th in the auditorium at the New Hampshire Institute for Politics at Saint Anselm College. This event is for any woman thinking of running for office or who would like to get more information about the resources and help available for a woman considering becoming a candidate or just becoming more active in the Republican Party.  We will hear from some great Republican women leaders and elected officials who will share their stories of how they became involved and what serving has meant to them.  These women are excellent role models and are more than willing to serve as mentors for other Republican women who want to let their voice be heard and who want to make a difference.  The event will begin at 8:30 with registration and coffee and the program will start at 9 am and conclude at 12:30 pm with a delicious free luncheon.  Our special keynote speaker for the event will be Nashua Mayor Donnalee Lozeau.  The Summit is free and open to all Republican women but pre-registration and an RSVP is required.  Please contact Phyllis Woods at 603-749-2177 or at parishoner@comcast.net to reserve a space.

Rep. Jeanine Notter

******

The NH American Legion will hold its annual Boys State program from July 1-6, 2012.   Boys State is a six-day “learn-by-doing” experience in the American way of government, focusing primarily on municipal and NH state institutions.   Young men completing their junior year of high school are encouraged to participate in the program.  Home school students of “junior equivalence” are also eligible to apply.  There is no cost to the students to attend. Interested individuals should contact Rep. John A. Graham or Rep. Duffy Daugherty.  Information and applications are also available at the N.H. American Legion Boys State website at www.nhboysstate.org . Application deadline is June 8, 2012.

Reps. John A. Graham and Duffy Daugherty

******

All members of the Republican caucus are invited to the House Republican Alliance's weekly meeting.  The HRA will meet Tuesdays at 8:30 a.m. in Room 308 LOB.

Reps. Dan McGuire, Marilinda Garcia and Stephen Palmer

******

The Main Street Republicans will meet on Wednesdays prior to session, at 8:00 a.m. in Room 209, LOB.  All Republican House members are welcome.

Reps. David H. Kidder and Rick M. Ladd

******

The Natural Rights Council will hold its weekly meeting at 8:00 a.m. Wednesdays at Caffenio, 84 North Main Street.  All House members are welcome.  NRC is a bi-partisan group dedicated to upholding principles outlined in Article 2, Part I of the NH Constitution. 

Reps. JR Hoell and Laura Jones

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 2012.  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 Visitor Center concerning school tour booking information.  Legislators planning to meet with students should notify the Visitor 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

April 6

12:00

Merrimack Valley Middle School

10/MS

April 6

10:00/11:15

Paul Smith School – Franklin

100/4

April 6

11:45

Goshen-Lempster Cooperative School

22/4

April 6

11:45

Russell Elementary School – Rumney

8/4

April 6

1:30

Fire Academy Trainees

25

April 9

9:15

Chichester Elementary School

34/4

April 9

10:00/11:30 SH/HM

Nottingham West School – Hudson

70/4

April 9

3:00

Teen Pact

 

April 10

9:15

Green Valley Montessori School – Pembroke

12/4,5,6

April 10

10:00/11:30 SH/HM

Nottingham West School – Hudson

70/4

April 11

10:15/11:30 SH/HM

Crescent Lake School – Wolfeboro

80/4

 

April 11

9:15

Holy Family Academy – Manchester

24/7&8

April 11

1:00

Alvirne High School – French Exchange

40/HS

April 12

9:30/11:00 SH/HM

Hillsboro-Deering School

90/4

April 13

9:30/10:30 SH/HM

DAR

100

April 13

11:00

Thornton Ferry School – Merrimack

50/4

April 13

12:30

Teen Pact Family Day

 

April 16

9:45/11:00 SH/HM

Richards Elementary School – Newport

80/4

April 16

1:00

Beaver Meadow School – Concord

24/4

April 17

9:00

Henniker Community School

43/4

April 17

10:00/11:30 SH/HM

Garrison School – Dover

100/4

April 17

12:30

Hopkinton High School French Exchange students

30/HS

April 18

9:45/11:00 SH/HM

Horne St. School – Dover

80/4

April 19

9:30

Epsom Central School

50/4

April 19

11:00

Gilmanton Elementary School

50/4

April 20

9:30/11:00 SH/SC

Thornton Ferry School – Merrimack

100/4

April 23

1:00

Hampton Christian Home School

25

April 25

10:00

Fuller School – Keene

53/4

April 25

11:00

Derry Girl Scouts

20

April 26

9:30

Lisbon Regional School

26/4

April 26

11:15

Lancaster Elementary School

28/4

April 27

10:00

Ray School – Hanover

45/4

April 30

9:30/11:00

Seabrook Middle School

68/4

 

WEDNESDAY, APRIL 11

AMENDMENTS

(LISTED IN NUMERICAL ORDER)

Amendment to SB 83-FN

(2012-1513h)

Proposed by the Committee on Municipal and County Government - C

Amend the title of the bill by replacing it with the following:

AN ACT     enabling municipalities and school districts to create other post-employment benefits (OPEB) trusts.

Amend RSA 31:19-c, I as inserted by section 1 of the bill by replacing it with the following:

            I.  The legislative body of a municipality that creates or has created an actuarial liability to pay other post-employment benefits (OPEB) to employees or officers after their termination of service may establish an irrevocable trust to pay those benefits.  In this section, the term “other post-employment benefits” means employee benefits other than pensions that are received after employment ends, and may include such medical, disability, or other health benefits, as are covered by Statement No. 45 of the Governmental Accounting Standards Board (GASB).  The term “trust” means a trust qualified under GASB Statement No. 43.

Amend RSA 31:19-c, IV as inserted by section 1 of the bill by replacing it with the following:

            IV.  Trusts created by a municipality pursuant to this section shall by administered by the board of trustees established by the municipality pursuant to RSA 31:22.  The accounts of the trustees shall be subject to the auditing and reporting requirements of RSA 31:33.  Other provisions of RSA 31:19 through 31:38-a governing trusts shall also apply unless they are contrary to this section.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

      ­2  Trust Funds Created for the Purpose of Maintaining Health Insurance Funds; Reference Added.  Amend RSA 198:20-c, III to read as follows:

            III.  A trust fund created under the provisions of this section that is established for the purpose of maintaining health insurance funds for the benefit of employees and retired employees of any school district, including an OPEB trust established pursuant to paragraph VII, shall be exempt from the provisions of paragraph II, and when so established, the school district may name its own trustees who may expend any funds in the trust for the payment of health claims or health insurance premiums for the benefit of any employees or retired employees of the school district.  An annual accounting and report of the activities of the trust shall be presented to the school board of the district and published in the annual report.

      ­3  New Paragraph; School Money; Trust Funds Created for Specific Purposes; OPEB Trusts.  Amend RSA 198:20-c by inserting after paragraph VI the following new paragraph:

            VII.(a)  A school district that creates or has created an actuarial liability to pay other post-employment benefits (OPEB) to employees or officers after their termination of service may establish an irrevocable trust to pay those benefits.  In this paragraph, the term “other post-employment benefits” means employee benefits other than pensions that are received after employment ends, and may include such medical, disability, or other health benefits, as are covered by Statement No. 45 of the Governmental Accounting Standards Board (GASB).  The term “trust” means a trust qualified under GASB Statement No. 43.

                  (b)  Deposits to any fund under such a trust and any earnings on those deposits shall be irrevocable and shall be held in trust for the exclusive benefit of retirees and their beneficiaries in accordance with the terms of the plans or programs providing other post-employment benefits, except that funds governed by the trust may be withdrawn for other purposes only when an employer’s liability owed to former officers or employees for other post-employment benefits has been satisfied or otherwise eliminated pursuant to subparagraph (d)(2).  The assets of any trust created pursuant to this paragraph or in which a school district participates pursuant to this paragraph shall be exempt from taxation and execution, attachment, garnishment, or any other process.  No public officer, employee, or agency shall divert, use, or authorize the use of such funds for any purpose other than as provided in law for other post-employment benefits covered by the trust and administrative expenses.

                  (c)  The trustees of any trust created pursuant to this paragraph shall have the full power to invest, reinvest, and manage the assets of the trust.  The trustees shall invest the assets of the trust with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.  The trustees shall also diversify such investments so as to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so.  The trustees may engage a trust administrator, investment consultants, or other qualified professionals to assist with management and investment of the funds of the trust and may pay for these services out of the funds of the trust.

                  (d)  The school district may withdraw money from the funds of a trust created pursuant to this paragraph only:

                        (1)  As needed to pay other post-employment benefits owed to former officers and employees; or

                        (2)  When all other post-employment benefits liability owed to former officers or employees of the employing entity has been satisfied or otherwise defeased.

AMENDED ANALYSIS

      This bill enables municipalities and school districts to create other post-employment benefits (OPEB) trusts.

 

Amendment to SB 223

(2012-1022h)

Proposed by the Committee on  Health, Human Services and Elderly Affairs - C

Amend the title of the bill by replacing it with the following:

AN ACT     to make technical revisions relative to the health information organization corporation and relative to the membership of the health information organization board.

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as 4:

      ­3  Health Information Organization Board; Membership.  Amend RSA 332-I:8, I to read as follows:

            I.  The powers of the corporation shall be vested in [16] 7 members and up to [3] 10 at-large members.  [Except for the members appointed under subparagraphs I(b)-(d),] Members shall serve 3-year terms.  No member shall serve more than 2 full consecutive terms.  Members shall be appointed as follows:

                  (a)  [A consumer not affiliated with the health care industry, appointed by the governor.

                  (b)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

                  (c)  Three members of the senate, appointed by the president of the senate.

                  (d)  The commissioner of the department of health and human services, or designee.

                  (e)  A member of the department of health and human services, office of Medicaid business and policy, appointed by the commissioner.

                  (f)]  A member representing a large hospital, appointed by the New Hampshire Hospital Association.

                  [(g)] (b)  A member representing a critical access hospital, appointed by the New Hampshire Hospital Association.

                  [(h)] (c)  An independent practice physician not affiliated with any hospital, appointed by the New Hampshire Medical Society.

                  [(i)] (d)  A representative of community health centers, appointed by Bi-State Primary Care Association.

                  [(j)] (e)  A representative of community mental health centers, appointed by the New Hampshire Community Behavioral Health Association.

                  [(k)] (f)  A retail pharmacist, appointed by the pharmacy board.

                  [(l)] (g)  A representative of home health care agencies, appointed by the Home Care Association of New Hampshire.

                  [(m)] (h)  The board may appoint up to [3] 10 at-large members with qualifications, experience, and expertise as identified and determined by the board.

AMENDED ANALYSIS

      This bill makes technical revisions to the law regarding the health information organization corporation to comply with tax exempt organizational requirements set forth by section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

      This bill also changes the membership of the health information organization board.

 

Amendment to SB 281

(2012-1455h)

Proposed by the Committee on  Health, Human Services and Elderly Affairs - C

Amend the bill by inserting after section 3 the following and renumbering the original section 4 to read as 5:

      ­4  Medical Referral Consultant; Good Samaritan Cases.  Amend RSA 141-G:2, I to read as follows:

            I.  Each employer of emergency response/public safety workers shall identify a medical referral consultant who has agreed to accept referrals and to evaluate and follow up such workers’ unprotected exposures.  The medical referral consultant shall be a licensed physician, a registered nurse, advanced practice registered nurse or licensed physician assistant.  If none of these is available the employer shall request written approval from the department for an alternate.  For purposes of this chapter, in such case involving an individual protected under RSA 508:12 the department shall act as the medical referral consultant.

AMENDED ANALYSIS

      This bill requires emergency response and public safety workers to notify public health officials of exposure to infectious disease.

 

Amendment to SB 319

(2012-1196h)

Proposed by the Committee on  Health, Human Services and Elderly Affairs - C

Amend the bill by replacing section 3 with the following:

      ­3  Report.  RSA 115-D:5 is repealed and reenacted to read as follows:

      115-D:5  Report.  The commission shall make an interim report on or before May 1, 2012 and a final report on or before November 1, 2013 of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the chairman of the house health, human services and elderly affairs committee, the chairman of the senate health and human services committee, the chairman of the house state-federal relations and veterans affairs committee, the senate clerk, the house clerk, the governor, the members of the New Hampshire congressional delegation, and the state library.

 

Amendment to SB 394-LOCAL

(2012-1529h)

Proposed by the Committee on Public Works and Highways - R

Amend the title of the bill by replacing it with the following:

AN ACT     relative to the reclassification of Province Road in Strafford from the intersection of Route 202A to Ricky Nelson Road from class II to class V and relative to an appropriation in the capital budget for construction and renovations to the Milford Armory.

Amend the bill by replacing all after the enacting clause with the following:

      ­1  Province Road in Strafford From the Intersection of Route 202A to Ricky Nelson Road; Classification Changed to Class V.  Province Road in Strafford from the intersection of Route 202A to Ricky Nelson Road shall be reclassified as a class V highway, 60 days after completion of the reconstruction to be performed by the department of transportation.  If the reconstruction is not performed within 6 years of the effective date of this act, this act shall be null and void.

      ­2  Capital Appropriations; Milford Armory.  Amend 2011, 253:1, I to read as follows:

            I.  Adjutant General

                  A.  Statewide Facilities Improvements                                           $ 1,000,000

                        Less Federal Funds                                                                     (750,000)

                        Net state appropriation subparagraph A                                        250,000

                  B.  Statewide Readiness Center Restoration and Modernization        2,500,000

                        Less Federal Funds                                                                 (1,250,000)

                        Net state appropriation subparagraph B                                    1,250,000

                  C.  Milford Armory – Construction and Renovations                  2,000,000

                        Less Federal Funds                                                                (2,000,000)

                        Net State appropriation subparagraph C                                           0

                        Total state appropriation paragraph I                                       $1,500,000

      ­3  Effective Date. 

            I.  Section 1 of this act shall take effect 60 days after its passage.

            II.  The remainder of this act shall take effect upon its passage.

AMENDED ANALYSIS

      This bill reclassifies Province Road in Strafford from the intersection of Route 202A to Ricky Nelson Road from class II to class V upon completion of certain reconstruction to be performed by the department of transportation.

      This bill also adds an appropriation to the capital budget for construction and renovations to the Milford Armory.