HOUSE RECORD
Second Year of the 162nd General Court
Calendar and Journal of the 2012 Session
Vol. 34 Concord, N.H. Friday, May 4, 2012 No. 36
Contains: Proposed Amendment to House Rule 65, Reports and Amendments for May 9, Committee of Conference Procedures, House Bills Amended by the Senate, Hearings, Meetings and Notices.
HOUSE CALENDAR
MEMBERS OF THE HOUSE:
The House will meet in Session on Wednesday, May9, 2012 at 10:00 a.m.
In furtherance of our efforts to contain costs in the Legislative Branch, the number of printed copies of the daily House Journals will be reduced. Each daily run costs approximately $1600 and many do not appear to be used. They will no longer be distributed to every member and will not be mailed. Journals will be available in the House anteroom for those who wish to have one. Any member wishing copies of all daily Journals should notify the House Clerk’s Office.
The Arizona legislature has passed a concurrent resolution “requesting the Congress of the United States to propose, and to submit to the several states for ratification, a balanced budget amendment to the United States Constitution.” Arizona House Concurrent Memorial 2007 is available for review in the House Clerk’s Office.
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 and are intended to inform legislators and the public of complaints by citizens against state government, whether those complaints appear to be founded and possible legislative remedies. The committee does not adjudicate individual disputes; therefore, these reports are limited to proposed legislative remedies.
Following the Annual Turkish Cultural Day at the State House on April 25th, the House was presented with an assortment of Turkish glassware, which I accepted on behalf of the House. These House assets are now on display in the Reception Area of the Speaker’s Office for current and future legislators to enjoy.
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.
Members are requested to review House Rules 9 through 16, 24 and 27 with regard to decorum. As the election draws near, civility in general is obviously becoming strained, but even for those who are not well-grounded in acceptable standards of behavior and discourse, these rules establish a minimum level of expected conduct while the House is in Session In particular, we need to be attentive to the last sentence of Rule 14, which states, “[W]hile a member is speaking, no one shall pass between that member and the other members of the House, nor shall anyone engage in private conversation.”
Chairmen and Vice-Chairmen will meet on Tuesday, May 8, 2012 in LOB 305 – 307 at 9:00 a.m.
William L. O’Brien, Speaker
NOTICE
There will be a Republican Caucus on Wednesday, May 9 at 9:30 a.m. in Representatives Hall.
D.J. Bettencourt, Majority Leader
NOTICE
There will be a Democratic Caucus on Wednesday, May 9 at 9:00 a.m. in Rooms 305-307, LOB.
Terie Norelli, Democratic Leader
Proposed Amendment to House Rule 65
(Following the entry for Wednesday, June 7, 2012 at the end of the Rule, add the following:)
Monday, September 17, 2012 First day for incumbent members running for reelection to file LSRs for 2013 session.
Wednesday, September 26, 2012 Last day for incumbent members running for reelection to file LSRs for 2013 session prior to the general election.
Friday, November 2, 2012 Last day to file Interim Study reports.
Tuesday, November 13, 2012 First day for all members elected for the 2013 session to file LSRs for the 2013 session.
Friday, December 7, 2012 Last day for all members elected for the 2013 session to file LSRs for the 2013 session.
Last day for a member to declare sponsorship of an LSR filed by an unelected incumbent member.
Friday, January 11, 2013 Last day to sign off all House LSRs, other than petitions involving the election or qualifications of a member to serve in the House.
Friday, February 1, 2013 Last day to introduce House legislation including, but not limited to, House Bills and petitions
Wednesday, February 13, 2013 Last day to amend House Rules by majority vote.
All deadlines are subject to the close of business at 5:00 p.m. each day, except amending House Rules, which shall be the ending of the last House session day on or prior to February 13, 2013.
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:
May 10 May 11
May 17 May 18
Karen O. Wadsworth, Clerk of the House
HOUSE DEADLINES FOR 2012 SESSION
Thursday, May 10, 2012 Last day to report all Senate bills.
Thursday, May 17, 2012 Last day to act on Senate bills.
Thursday, May 24, 2012 Last day to form Committees of Conference.
Thursday, May 31, 2012 Last day to sign Committee of Conference reports.
Wednesday, June 7, 2012 Last day to act on Committee of Conference reports.
wednesday, MAY 9
CONSENT CALENDAR
CHILDREN AND FAMILY LAW
SB 349, relative to the administration of juvenile justice services. OUGHT TO PASS.
Rep. Anne C Grassie for Children and Family Law: The committee agrees with the Senate and the House Health and Human Services and Elderly Affairs Committee that juvenile justice and child welfare can best serve youth and families by sharing and collaborating under a common director. By merging both divisions division of children, youth and families (DCYF) and department of juvenile justice services (DJJS) communities can view DCYF as a valuable intervention for all children regardless of petition type, and limited resources and limited resources can be utilized more effectively. Creating one division from two that currently share one budget, one director and one practice model makes the most sense. Vote 11-0.
SB 380, relative to the study committee on juvenile delinquency and children in need of services. OUGHT TO PASS.
Rep. David S Robbins for Children and Family Law: This statutory committee has suffered from quorum issues since it was established by 2009 legislation. Only three meetings were held in 2010 and zero in 2011. Increasing membership to five representatives and two senators, with a quorum of four, will relieve this problem, allowing the committee to complete its important charge. The final report’s date needed to be extended to make the committee an official body. Vote 11-0.
COMMERCE AND CONSUMER AFFAIRS
SB 204, adopting amendments to Article 9 of the Uniform Commercial Code relative to secured transactions. OUGHT TO PASS.
Rep. Chris F Nevins for Commerce and Consumer Affairs: This bill rewrites language that updates Article 9 of the Uniform Commercial Code (UCC). The intention is that each article of the UCCs is the same in all 50 states; hence, why they are called “uniform.” This language will bring New Hampshire laws up to date for Article 9 of the UCC. In the one section where states may choose between two options, we have chosen the one that was the least burdensome for New Hampshire citizens. The secretary of state’s office concurs with these changes and there was no opposition testimony presented to the committee. Vote 14-0.
SB 220, relative to external review under the managed care law. OUGHT TO PASS.
Rep. Donald H Flanders for Commerce and Consumer Affairs: For numerous years New Hampshire has had an external review process in place administered by the Insurance Department for the benefit of New Hampshire consumers. Nevertheless, in July 2011 the federal government determined it would strip the ability of New Hampshire to conduct external reviews over minor differences between the state and federal law. SB 220 addresses those discrepancies and preserves New Hampshire's right to conduct external review. Vote 13-1.
SB 221, relative to life, accident, and health insurance. OUGHT TO PASS.
Rep. Donald H Flanders for Commerce and Consumer Affairs: This bill is at the request of the insurance department. To begin with, it repeals two provisions that are unnecessary. The first refers to alternative dispute resolution that does not exist in the state because New Hampshire has specific requirements for external review and grievance procedures. The second deals with maternity coverage riders which were made redundant and unnecessary by the Pregnancy Discrimination Act of 1978. Further, the bill corrects an inconsistency existing in prompt pay penalty statutes. The penalty was increased in 2009 but one penalty provision of the existing law was missed. This corrects that oversight so that all segments of the industry violating prompt pay statutes are treated equally. Vote 14-0.
SB 235, relative to registration of business organizations with the secretary of state. OUGHT TO PASS.
Rep. James F Headd for Commerce and Consumer Affairs: This bill was brought forward at the request of the secretary of state. The bill amends RSA 293 in that it eliminates the requirement that certain foreign business organizations file certificates of existence with the secretary of state. We now have on-line capability to check on any of these entities considering doing business in any state. Every other state is doing this. Vote 14-0.
SB 245, relative to health care sharing organizations. OUGHT TO PASS WITH AMENDMENT.
Rep. Donald H Flanders for Commerce and Consumer Affairs: This bill authorizes the establishment of health care organizations which shall be 501(c) (3) organizations under the Internal Revenue Code. The provisions of Title XXXVII relating to health insurance shall not apply to health care sharing organizations established under this chapter. A health care sharing organization which, through its publication to participants, solicits funds for the payment of medical expenses of other participants, shall not be considered to be engaging in the business of insurance for purposes of any provision of Title XXXVII and shall not be subject to the jurisdiction of the insurance commissioner if the requirements of this section are met. Vote 13-0.
SB 253, relative to debt-related mortgage disability and mortgage accidental death insurance. OUGHT TO PASS.
Rep. Donald H Flanders for Commerce and Consumer Affairs: This bill provides clearer statutory authority for the sale of mortgage disability and mortgage accidental death insurance on a group basis. For approximately 30 years, these products have been sold in New Hampshire by up 28 banks, depending upon the year. The insurance department identified the need for this statutory change during its review of a recent product filing. This bill ensures that the department has the authority to allow the banking industry to continue the sale of these products. Vote 14-0.
SB 336, relative to medical payments coverage. INEXPEDIENT TO LEGISLATE.
Rep. Donna L Schlachman for Commerce and Consumer Affairs: Every New Hampshire citizen who carries automobile insurance is required, by statute, to purchase a minimum of $1000 “medical payments coverage.” Some individuals elect to carry much more. This coverage is used, after an accident in which injuries occur, to pay for medically-related expenses that are not covered by health insurance. Examples are deductibles, co-insurance, reconstructive dental work and eyeglasses. While the committee may sympathize with medical providers who are not being paid, the legislature has consistently, in past years, rejected attempts to direct consumers regarding how their “med pay” insurance is used. The committee believes that “med pay” is a benefit to individuals that provides them needed flexibility after an accident. They should be left to make their own decisions as to what medical costs to pay. Vote 13-1.
SB 368, relative to nondepository trust companies. OUGHT TO PASS.
Rep. Matt J Quandt for Commerce and Consumer Affairs: The bill, at the request of the banking department, simply changes the term nondepository financial institutions to nondepository trust companies. Vote 14-0.
SB 371, allowing a lien for labor and materials for professional design services. OUGHT TO PASS WITH AMENDMENT.
Rep. Donna L Schlachman for Commerce and Consumer Affairs: The bill adds design professionals to the tradesmen who are currently able to file and perfect a mechanic’s lien for nonpayment of work related to what is referred to in statute as “vessel and buildings” projects. The committee heard testimony that land surveyors, architects, civil engineers, and others who are on the planning and design end of projects, both small and large, are not included in the right of liens as are those individuals directly doing the repair, construction or purchase of materials for a projects. This bill simply enables those who provide professional design services to enjoy the same right to recover fees as do others via liens. The amendment simply deletes archaic language that appeared in 3 places and did not change the meaning or intent of the statute. Vote 14-0.
CRIMINAL JUSTICE AND PUBLIC SAFETY
SB 270, relative to civil commitment of persons found incompetent to stand trial. OUGHT TO PASS.
Rep. Laura C Pantelakos for Criminal Justice and Public Safety: This bill amends the notification procedures for persons charged with a violent crime and found incompetent to stand trial. The bill also expands the list of offenses which will require notification. Vote 12-1.
SB 276-FN, establishing the vandalizing or defacing of state or municipal property as criminal mischief. OUGHT TO PASS WITH AMENDMENT.
Rep. Larry G Gagne for Criminal Justice and Public Safety: This bill, adds state and municipal property to RSA-634:2 paragraph VI. It is a class A misdemeanor and also has the actor make restitution for any damage he or she has deliberately caused in excess of $100 dollars but less than $1500 dollars. It is still a class B felony if the actor caused pecuniary loss in excess of $1500 dollars. Amendment 1879h removes the phrase “any part of the Old Man of the Mountain” because the formation no longer exists. Vote 14-0.
FISH AND GAME AND MARINE RESOURCES
SB 400, including owls within the definition of raptor for the purpose of falconry. INEXPEDIENT TO LEGISLATE.
Rep. Norman A Tregenza for Fish and Game and Marine Resources: The committee supported ITL on SB 400 for two reasons. First, the bill’s prime sponsor cited the concerns of avid falconry participating constituents regarding their use of owls for educational purposes. Chapter 800 in the fish and game rules currently allows for possession of owls for educational purposes. Second, without further information and without support from the public, the committee deemed the bill to be unnecessary. Vote 12-0.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
SB 346, extending the committee to study the laws relating to electronic prescriptions. OUGHT TO PASS.
Rep. John M Reagan for Health, Human Services and Elderly Affairs: The committee to study electronic prescription laws needs to finish its review of recently enacted legislation in other states in order to finish its work and make any recommendations for New Hampshire. For that reason the deadline is extended to September 1, 2012. Vote 10-0.
MUNICIPAL AND COUNTY GOVERNMENT
SB 233-L, relative to special elections of the charter commission. OUGHT TO PASS.
Rep. Philip L Munck for Municipal and County Government: At present when a vote to establish a charter commission passes, the special election to elect charter commissioners must take place within a ten day window beginning eight weeks after the establishment vote. This virtually insures that a special (and expensive) special election will be required. This bill establishes the window as 110 days beginning three weeks after the establishment vote making it more likely the election of charter commissioners could be combined with another, regular election. Vote 17-0.
SB 238, establishing a committee to assess the form of government in towns that have elected the official ballot referendum form of meeting. OUGHT TO PASS WITH AMENDMENT.
Rep. Franklin W Sterling for Municipal and County Government: This bill will establish a study committee to examine how the Official Ballot form of government created under RSA 40:13 has been implemented and administered by the cities, towns and school districts that have adopted it. This body has been called upon on an annual basis to consider suggested alterations to the statute, suggesting that there may be underlying dissatisfaction with parts of the law. The study committee will review the whole statute to see what changes may be made to allow greater flexibility in those communities that have adopted this form of municipal government. Vote 17-0.
SB 254, relative to funding and expenditures from certain municipal special revenue funds. OUGHT TO PASS WITH AMENDMENT.
Rep. John A Burt for Municipal and County Government: This bill would allow any monies left over from a special revenue fund, if such recreation revolving fund is rescinded by vote of the legislative body, to become part of the general fund accumulated surplus. Before SB 254, the monies could not be removed even though the special revenue funds were closed. Vote 17-0.
SB 260, relative to protection and preservation of significant archeological deposits. OUGHT TO PASS.
Rep. James E Coffey for Municipal and County Government: This amendment to RSA 674 enables local legislative bodies to adopt regulations that will allow their planning boards to take action, when appropriate, to protect and preserve significant archeological sites. The planning bard must adopt its own regulations for the protection of each deposit or site that meets the need of its community. This bill does not diminish individual property rights but seeks to preserve or extract the archeological information with the cooperation of all parties. Vote 16-1.
SB 261, relative to requirements for warrant articles. INEXPEDIENT TO LEGISLATE.
Rep. James P Belanger for Municipal and County Government: This bill had several areas of contention and begged for major amendments. The deciding factor, however, was the portion that dealt with language that addressed reversing the intent of a petition warrant article in an official ballot town. The provision that “No petition warrant article shall be amended in such a manner as to reverse the intent of the article warned” was the roadblock. There were too many examples of changes that might lead to an interpretation that the intent might be reversed. An article to renovate town hall by appropriating $100,000 being changed to “not” renovate town hall is clear that it reverses intent. But changing the amount from $100,000 to $1.00 or $10,000 might also be said to reverse intent if it renders the intent impossible to accomplish. Too many examples were brought up that could be argued either way that the majority of the committee, who couldn’t reach agreement as to intent reversal, felt this ambiguity would be compounded and open to challenge in an actual town meeting. Vote 15-2.
SB 340, relative to locations for junkyards. OUGHT TO PASS.
Rep. Franklin W Sterling for Municipal and County Government: The purpose of this bill is to allow those municipalities that have not adopted zoning ordnances to have the local governing body propose and adopt ordnances for the regulation and licensing of junk yards. Vote 16-0.
RESOURCES, RECREATION AND DEVELOPMENT
SB 241, relative to expiration and extension of terrain alteration permits and permits for grading or reclamation projects. OUGHT TO PASS WITH AMENDMENT.
Rep. Judith T Spang for Resources, Recreation and Development: This bill stipulates that all DES terrain alteration permits shall be valid for a period of five years and then establishes criteria for DES to grant permit extensions of up to an additional five years. These provisions of SB 241 are identical to existing DES terrain alteration rules (Chapter Env-Wq 1500). The bill also proposes to align DES permit extension criteria with those of municipalities for cases where projects are “substantially complete,” thus making local and state permitting procedures more consistent. DES strongly supports this approach. As amended, permits for excavation and mining will not expire, if updates are submitted to DES. This bill also contains a non-germane amendment that extends the final reporting date of the SB 60 Commission to Study Water Infrastructure Sustainability Funding by five months to allow the completion of this important work. Vote 12-0.
SB 250, relative to operation of ATVs and trail bikes on state lands. OUGHT TO PASS.
Rep. Judith T Spang for Resources, Recreation and Development: This bill makes a correction in the criteria for location of new ATV trails. The existing statute requires that trails not be located in the “well head protection area” of a public well. This is an area excessively large to protect water quality. This bill changes the language to “sanitary protective area of a public well,” which applies to a 400 foot radius from a well, which is the most vulnerable to contamination. The bill also provides more flexibility in locating trails on better soils and existing roadways, closer to heron and eagle roosting areas when approved by fish and game, and building trail connectors in Coos County. Vote 13-0.
SB 265, relative to the definition of stormwater. OUGHT TO PASS WITH AMENDMENT.
Rep. Charlene M Lovett for Resources, Recreation and Development: This bill clarifies the definition of stormwater as currently defined in statute. It defines stormwater as surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or other substances carried along with the water. The amendment simplified the language of the definition. Vote 13-0.
SB 344, allowing the department of resources and economic development to cut vegetation in shoreland areas where public safety is of concern. OUGHT TO PASS.
Rep. Charlene M Lovett for Resources, Recreation and Development: The basis for this bill was to respond to law enforcement and public safety issues. It continues the NH department of resources & economic development (DRED’s) authority to cut overgrowth of vegetation on lands under its control, but provides transparency through a notification process to DES. This process enables DES to respond to any concerns that may arise if cutting is to occur on land that otherwise is protected under the shoreline protection act. Simultaneously, it enables DRED to respond to law enforcement concerns generated by vegetation overgrowth. Vote 12-0.
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. OUGHT TO PASS WITH AMENDMENT.
Rep. Charlene M Lovett for Resources, Recreation and Development: This bill provides free admission to day-use areas of the state park system for any active member of the armed forces, including the active reserve members of the NH National Guard. Active members must present military identification upon entry into the park and meet the minimum requirements for satisfactory membership in the armed forces. The amendment focused the intent of the bill on active members of the military. Vote 10-0.
SB 388, relative to the use of land along Silver Lake that is below the public trust boundary. OUGHT TO PASS WITH AMENDMENT.
Rep. Peter S Bolster for Resources, Recreation and Development: This bill establishes that the historic deed definitions of property delineation for lots abutting Silver Lake in Belknap County shall be honored as the right to use and transfer by the owners. This clears the title for legal purposes. The amendment changed the reporting date by DES of the high water mark from November 1st to December 1st. Vote 13-0.
WEDNESDAY, MAY 9
REGULAR CALENDAR
COMMERCE AND CONSUMER AFFAIRS
SB 222, relative to property and casualty insurance, insurance investigations, and insurance certificates. OUGHT TO PASS.
Rep. Chris F Nevins for Commerce and Consumer Affairs: This bill makes technical corrections in the laws relating to property insurance. Additionally, the bill makes minor corrections to a bill passed by the House last year that further clarifies the law regarding certificates of insurance. Clarifications were also made regarding the insurance commissioner’s ability to share information during investigations and examinations to include state, federal and international regulatory agencies, provided that the recipient agrees to maintain the confidentially and privileged status of the document, material and other information. Although there were concerns by some members of the committee about the Bank for International Settlements, the majority of the committee felt comfortable with these changes and believes that New Hampshire citizens will be better served if there were to be a problem with an international insurance company. The Insurance department would be able to resolve issues or problems faster and more efficiently by contacting the international agencies directly, rather than the current method which is through the National Association of Insurance Commissioners. The committee further believes these changes will improve our competitive position in world insurance markets. Vote 12-2.
CRIMINAL JUSTICE AND PUBLIC SAFETY
SB 274, removing the phrase "mentally defective" from the aggravated felonious sexual assault statute. OUGHT TO PASS.
Rep. Stephen J Shurtleff for Criminal Justice and Public Safety: This bill removes the phrase “mentally defective” from the aggravated felonious sexual assault statute. It replaces this demeaning term with a definition that the Supreme Court used to define an individual who doesn’t possess the capacity to make an informed decision. This is not a bill to bring political correctness to our NH Criminal Statutes. Rather, it adds a working definition to criminal law instead of using an archaic 19th Century term. This bill has the support of the Attorney General, the NH County Attorneys, NH Association of Chiefs of Police, etc. Vote 11-4.
FISH AND GAME AND MARINE RESOURCES
SB 224, relative to lead fishing sinkers and jigs. MAJORITY: REFER FOR INTERIM STUDY. MINORITY: OUGHT TO PASS.
Rep. Jenna J Roberts for the Majority of Fish and Game and Marine Resources: After five hours of testimony, most members of Fish and Game felt that much information was conflicting and too much information was presented to allow adequate vetting by the committee. This committee is fully committed to studying this issue over the summer and producing a comprehensive report that takes all interests into consideration: impact on business, impact on fishermen, impact on loons and other water fowl and impact on our lakes, ponds and streams. Further, the committee is resolved to work closely with the Loon Preservation Society and fish and game department to ensure that proper education and enforcement of existing laws are given more consideration so that more loons do not die as a result of tackle that is already banned. Vote 13-2.
Rep. Norman A Tregenza for the Minority of Fish and Game and Marine Resources: The minority opposes Interim Study and favors OTP. SB 224 is an excellent bill that is business respectful. Some want to look at banning lead entirely and abruptly. The minority believes that a separate bill should be introduced for that purpose, or a study committee should be established for that purpose. The minority believes that ending the use of lead sinkers one ounce or less and jigs 2 ½” or less after three years is reasonable, and that ending the sale of these after six years gives time for tackle shops and fishermen to adjust, and simultaneously protect the loons and other wildlife who die from ingesting lead tackle.
SB 297, relative to the apprentice hunting license. OUGHT TO PASS.
Rep. Richard Okerman for Fish and Game and Marine Resources: This is a housekeeping bill to include RSA 208:5 which references the fees for a resident or non-resident archery license. This RSA should have been included in HB 206, Chapter 46, as amended, which passed both houses in 2011. Vote 11-0.
MUNICIPAL AND COUNTY GOVERNMENT
SB 255, relative to liens for land use change tax assessments. OUGHT TO PASS.
Rep. Franklin W Sterling for Municipal and County Government: The purpose of this bill is to restore a six month window for a taxpayer to pay a land use change tax on land taken out of current use. In 2010 legislation was passed that change the amount of time a tax collector had to send a tax bill to a land owner whose current use status had changed from 12 months to 18 months (RSA 79-A:7, II(c). Before the change in 2010 there existed a six month time frame for the tax payer to pay the tax from the date of the tax levy, after the change the time to levy and pay the tax was 18 months. Under the proposed legislation the time to pay the tax levy would be 24 months thus restoring the six month time period. Vote 14-3.
SB 382-FN-L, allowing for proration of property assessments for damaged buildings. OUGHT TO PASS WITH AMENDMENT.
Rep. Betsey L Patten for Municipal and County Government: This legislation provides a uniform and fair process to address the taxation of buildings significantly damaged by unintended fire or natural disaster. Assessing officials may currently abate a tax for good cause in RSA 76:16 but the process is not uniform statewide, leading to unreasonable situations in which taxpayers may be paying taxes for structures that no longer exist or are unusable. Abatements require an up-front payment of tax due and the timeline for approvals, denials and appeals may be onerous for a taxpayer who has lost a home or business livelihood. The amendment to SB 382 allows for a proration of a tax assessment to the extent that a damaged building is rendered unusable for its intended use. The amendment expands the proration process eligibility to all buildings and not just residential property; it defines what is an unintended fire to address arson fires not attributable to or benefiting the property owner; and it uncouples the pro-ration process from the tax administration process so that properties may be eligible for pro-ration at the time the loss is sustained. The fiscal impact of this legislation on any community is capped at ½ of 1% of the total taxes committed in a tax year. Taxpayers will still be able to request an abatement if their damaged property does not qualify for this automatic pro-ration and they still have the right of appeal to the Board of Tax and Land Appeals and the superior court. The committee chose, as the Senate did, to not apply the proration process to new construction completed during a tax year. The loss of a building due to fire or Mother Nature is a unique circumstance deserving special recognition and the majority of the committee agreed. Vote 11-5.
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.)
SB 315, requiring motorists to give wide berth to highway maintenance vehicles. (Pending question: third reading.)
SB 317, relative to towable devices permitted to be towed by a motorboat. (Pending question: third reading.)
SB 323, authorizing accounting transfers by the department of corrections. (Pending question: third reading.)
SB 369-FN-L, relative to aid to assisted persons. (Pending question: third reading.)
SB 379, relative to insurance fraud. (Pending question: third reading.)
SB 389-L, relative to sewer commission costs. (Pending question: third reading.)
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 138-FN, relative to the cold case homicide unit. (SJ 4/25/12)
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. (House Nonconcurred; C of C 4/11/12)
HB 234-FN-A, relative to food service licensure and establishing a committee to study the regulation of food service establishments. (SJ 4/25/12)
HB 256-FN, relative to the administrative appeals process of the department of environmental services and establishing a committee to study the appeal process of the department of environmental services. (SJ 4/25/12)
HB 269-FN, relative to the authority of departments to transfer funds among budget accounting units. (SJ 4/25/12)
HB 283-FN, relative to impaired drivers. (SJ 4/25/12)
HB 325-FN, relative to the transfer of animals from licensed animal vendors. (SJ 4/18/12)
HB 350-FN, updating laws relative to the fiscal committee of the general court. (SJ 4/25/12)
HB 408, clarifying the exemption for attorneys from licensing requirements for mortgage brokers or bankers. (SJ 4/11/12)
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 420-FN, relative to the definition of employee and clarifying the criteria for exempting workers from employee status. (SJ 4/25/12)
HB 479-FN, relative to receivership of nursing homes and other residential health care facilities. (SJ 1/18/12)
HB 486-FN, relative to penalties for alcohol ignition interlock circumvention. (SJ 4/18/12)
HB 508-FN, establishing a performance measurement for State agencies. (House Nonconcurred; C of C 2/1/12)
HB 514, relative to entry on private land. (SJ 4/18/12)
HB 533-FN-L, establishing a cap on the amount of school building aid grants distributed in each fiscal year. (SJ 4/18/12)
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. (House Concurred 4/11/12)
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 1128, relative to ignition interlock device recalibration and data reports. (SJ 4/25/12)
HB 1144, establishing a commission to study the taxation of alternative fuel and electric-powered motor vehicles for the purpose of funding improvements to the state’s highways and bridges. (SJ 4/18/12)
HB 1165, naming a bridge in the town of Meredith the POW/MIA Vigil and Freedom Ride bridge. (SJ 4/18/12)
HB 1168, requiring the removal of electronic records and information upon entry of an order of annulment. (SJ 4/25/12)
HB 1171, updating certain references in motor vehicle statutes. (SJ 4/18/12)
HB 1207-FN, defining the owner of timber rights for purposes of timber tax assessment. (SJ 4/25/12)
HB 1211, establishing a committee to study the promotion of lease of state-owned land for use for beginning farmers. (SJ 4/11/12)
HB 1221, relative to the credit for the business enterprise tax against the business profits tax. (SJ 4/25/12)
HB 1230-FN, requiring a listing of state real property. (SJ 4/25/12)
HB 1254, establishing a committee to study the effect of illegal immigration on the state and its political subdivisions. (SJ 4/25/12)
HB 1274-FN, transferring the McAuliffe-Shepard discovery center to a private nonprofit corporation and making supplemental appropriations. (SJ 4/25/12)
HB 1281, establishing a committee to study alternative medical insurance coverage for elected state officials. (SJ 4/11/12)
HB 1307, relative to agricultural plates. (SJ 4/11/12)
HB 1310, increasing the number of days a motorcycle learner's permit is valid. (SJ 4/11/12)
HB 1312, relative to the statute of limitations for violations involving a motor vehicle accident resulting in death or serious bodily injury. (SJ 4/18/12)
HB 1330, establishing a committee to study blood testing of drivers after motor vehicle fatalities. (SJ 4/11/12)
HB 1357, relative to the membership of mosquito control districts. (SJ 4/11/12
HB 1392, relative to oyster aquaculture licenses. (SJ 4/18/12)
HB 1415, relative to permits for repair or replacement of sewage and waste disposal system. (SJ 4/25/12)
HB 1416-L, relative to a required fluoride statement. (SJ 4/25/12)
HB 1434, relative to display of antique motor vehicle plates. (SJ 4/18/12)
HB 1495-FN, establishing a Purple Heart Trail along U. S. Route 3. (SJ 4/18/12)
HB 1552-FN, relative to the reporting of funds. (SJ 4/18/12)
HB 1563, relative to Greenland's water rights. (SJ 4/11/12)
HB 1567, establishing a committee to study the federal Youth Corrections Act. (SJ 3/28/12)
HB 1587, relative to employer safety programs. (SJ 4/25/12)
HB 1593-FN, relative to the department of information technology. (SJ 4/25/12)
HB 1636, relative to the extension of fill and dredge in wetlands permits. (SJ 4/25/12)
HB 1664, establishing a committee to study transferring election law enforcement to the secretary of state. (SJ 4/11/12)
HB 1670, apportioning executive council districts. (SJ 4/11/12)
HB 1673-FN, relative to complaints of election law violations. (SJ 4/25/12)
HB 1679-FN, relative to partial-birth abortion. (SJ 4/25/12)
HB 1686-FN, relative to state contracts and making an appropriation therefor. (SJ 4/25/12)
HB 1687-FN, relative to state employee information available on the state transparency website. (SJ 4/18/12)
HB 1716, relative to the state 10-year transportation improvement program. (SJ 4/18/12)
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; Sens. Bradley, D’Allesandro and Stiles)
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; Sens. White, Luther and Larsen)
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; Sens. Groen, Luther and Houde)
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; Sens. Forsythe, Groen and Houde)
HB 158, relative to the misuse of social security numbers. (Reps. Murphy, Hagan, Palmer and Watrous; Sens. Carson, Luther and Houde)
HB 193, relative to the Mount Washington commission. (Reps. Hawkins, Hansen, Ingbretson and Y. Thomas; Sens. Carson, Groen and Larsen)
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; Sens. Groen, Forsythe and Houde)
HB 627-FN, relative to “essential benefits” under federal health care reform. (Reps. Hunt, Manuse, Flanders and Schlachman, Sens. White, Houde and Prescott)
2012 HOUSE committee OF CONFERENCE PROCEDURES
· The Chairmen of the policy committees will receive bills amended by the Senate and should check with their committees to determine whether the committee will recommend that the House concur, non-concur, or non-concur and request a Committee of Conference.
· When a committee requests that the bill be sent to a Committee of Conference, the Chairman will recommend members for appointment. If the bill has gone to more than one committee, the members may come from the different committees as determined by the Speaker. Chairmen should recommend only those members from their policy committees. The Speaker shall make the final decision of Conference committee members, and the committee choices will be generally limited to those who support the House position..
· The first named House member shall serve as Chairman of the House Conferees. For House bills in Committee of Conference, the House Conferee Chairman shall set the time and place of the first meeting and shall chair each meeting of the Committee of Conference. Each meeting shall be posted in the Clerk’s Office and outside the committee room at least 24 hours in advance. [House Rule 43 (c)]. If a Committee of Conference meeting recesses, the reconvening time shall be posted in the Clerk’s office and outside the committee room.
· The House and Senate Conferees on a bill shall meet jointly but vote separately while in conference.
· The Committee of Conference may not change the title of the bill. The Committee also may not add amendments that are not germane to the subject matter of the bill or contain subject matter that has been indefinitely postponed. A non-germane amendment is one in which the subject matter is not contained in either the House or Senate version of the bill. [House Rule 49 (g)]
· The sponsor of a bill that is in Committee of Conference shall, upon request, be provided an opportunity to be heard.
· A unanimous vote of both the House and Senate Conferees, voting separately, is necessary for an agreed upon report to be sent to the House and Senate.
· Reports of all Committees of Conference must be filed with the Office of Legislative Services by the May 31, 2012 deadline adopted by the House. All Committee of Conference members must sign their reports in the Office of Legislative Services by May 31, 2012.
· The first-named House member on all bills in Committee of Conference must prepare an analysis of the report. This “blurb” should contain a complete explanation of all changes made to the bill since it was passed by the House and must be submitted to the House Clerk for printing in the calendar.
· All Committee of Conference reports shall be distributed in seat pockets to be acted on some subsequent day. [House Rule 49 (f)].
See House Rule 49 for more information
committee meetings
FRIDAY, MAY 4
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB
9:00 a.m. Continued regular meeting.
SUNDAY, MAY 6
LEGISLATIVE YOUTH ADVISORY COUNCIL (RSA 19-K), NHTI Community College Crocker Sweeney Building, Room 225, Concord
1:00 p.m. Regular meeting.
MONDAY, MAY 7
ELECTION LAW, Room 308, LOB
2:00 p.m. Subcommittee work session on SB 289-FN, relative to presenting photo identification to vote in person.
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Room 306, LOB
10:00 a.m. Full committee work session on SB 229-FN, establishing a commission to make recommendations on whether the New Hampshire retirement system should be replaced with a defined contribution plan for all new hires and to study the impact such change would have on the retirement system, SB 83-FN, enabling municipalities to create other post-employment benefits (OPEB) trusts, SB 228-FN-L, repealing the assessments for excess benefits paid by employers in the retirement system.
Executive session may follow.
STATE COMMITTEE ON AGING (RSA161-F:7), Department of Health and Human Services, Brown Building, Pleasant Street, Concord
10:00 a.m. Regular meeting.
TASK FORCE ON WORK AND FAMILY (RSA 276-B:1), Rooms 205-207, LOB
1:15 p.m. Special meeting.
TUESDAY, MAY 8
COMMERCE AND CONSUMER AFFAIRS, Room 302, LOB
10:15 a.m. SB 284, establishing a certified public health dental hygienist in New Hampshire.
10:45 a.m. SB 247-FN-L, relative to certifying municipal culvert installers.
Work session may follow.
Executive session may follow.
11:15 a.m. Full committee work session on SB 219-FN, relative to guaranteed issue for health insurance, SB 284, establishing a certified public health dental hygienist in New Hampshire, SB 334, relative to Medicare unfair trade practices, SB 175, regulating the commercial use of a person's identity, SB 288, relative to the exchange of public health information through a health information exchange, SB 247-FN-L, relative to certifying municipal culvert installers.
1:15 p.m. Executive session on SB 175, regulating the commercial use of a person's identity, SB 219-FN, relative to guaranteed issue for health insurance, SB 247-FN-L, relative to certifying municipal culvert installers, SB 284, establishing a certified public health dental hygienist in New Hampshire, SB 288, relative to the exchange of public health information through a health information exchange, SB 334, relative to Medicare unfair trade practices.
CONSTITUTIONAL REVIEW AND STATUTORY RECODIFICATION, Room 206, LOB
10:00 a.m. Executive session on SB 356, limiting the authority of delegates to Article V amendment conventions, SB 378, allowing municipalities to remove snow from private roads and driveways and class VI highways.
EDUCATION, Room 207, LOB
10:00 a.m. SB 272-FN, relative to truancy.
Executive session may follow.
1:00 p.m. Rescheduled 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 and executive session on SB 272-FN, relative to truancy.
ELECTION LAW, Room 308, LOB
2:00 p.m. Public hearing on proposed non-germane amendment to SB 289-FN, relative to presenting photo identification to vote in person. Copies of the proposed amendment are available from the Sergeant-at-Arms office.
Executive session may follow.
ENVIRONMENT AND AGRICULTURE, Room 303, LOB
10:00 a.m. Executive session on SB 370-FN, relative to the powers of law enforcement and animal control officers.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB
10:00 a.m. Executive session on SB 177, relative to training of directors and officers of nonprofit corporations, SB 226, transferring the administration of the electricians' board to the joint board for licensure and certification, 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, SB 239-FN, relative to the membership and duties of the installation standards board, SB 259, relative to the appointment of the director of ports and harbors and relative to transfer of land within the Pease development authority, SB 308, proclaiming January 24, 2013 as Granny D. Day, SB 310, relative to the commemoration of Purple Day in recognition of epilepsy awareness and relative to the observance of Cancer Prevention Day, SB 331, clarifying the definition of surviving spouse for eligibility for line-of-duty death benefits for police officers or firefighters killed in the line of duty, SB 338-FN, relative to military discipline by the national guard, SB 339, establishing Loon Appreciation Day, SB 342, relative to the inclusion of requirements for log structures in the state building code.
11:30 a.m. SB 256, relative to public utilities commission contracts with consultants.
Executive session may follow.
2:00 p.m. Executive session on SB 256, relative to public utilities commission contracts with consultants, SB 311-FN-A, establishing a director of the division of weights and measures and relative to the setting of weights and measures fees.
FINANCE – (DIVISION I), Room 212, LOB
10:00 a.m. Work session on SB 155-FN-A, relative to section 179 expense deductions under the business profits tax.
10:15 a.m. Work session on SB 295-FN-A, increasing the research and development tax credit against the business profits tax.
10:45 a.m. Work session on SB 307-FN, relative to the refund of tax overpayment related to a fraudulent investment scheme.
11:00 a.m. Work session on 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.
11:30 a.m. Work session on SB 330-FN, requiring an independent financial opinion prior to the leasing of any state park property to a private entity.
11:45 a.m. Work 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.
1:00 p.m. Work session on SB 230-FN, relative to the calculation of average final compensation for certain retirement system members.
1:30 p.m. Work session on SB 244-FN, relative to the administration of the New Hampshire retirement system.
2:00 p.m. Work session on SB 280, relative to the procedure for approval of medical parole.
2:30 p.m. Work session on SB 376, extending the committee to develop a plan for privatizing the department of corrections.
FINANCE – (DIVISION II), Rooms 210-211, LOB
10:00 a.m. Work session on SB 313-FN, relative to state photographic identification indicating veteran's status, SB 404-FN, relative to funding for pupils enrolled in vocational education programs, SB 401-FN, relative to reporting the average daily membership of pupils in the public schools and relative to adjustments to adequate education grants.
FINANCE – (DIVISION III), Room 209, LOB
10:00 a.m. Work session on SB 347-FN, relative to the department of health and human services administrative appeals.
10:30 a.m. Work session on SB 348-FN, relative to the pulse oximetry test for newborns.
11:00 a.m. Public hearing on proposed non-germane amendment to SB 375-FN, relative to a prepaid health plan for Medicaid services and relative to the Medicaid management information system. Copies of the proposed non-germane amendment are available from the Sergeant-at-Arms office.
11:30 a.m. Or immediately following the public hearing, work session on SB 375-FN, relative to a prepaid health plan for Medicaid services and relative to the Medicaid management information system.
1:00 p.m. Work session on SB 409-FN, relative to the use of marijuana for medicinal purposes.
HOME EDUCATION ADVISORY COUNCIL (RSA 193-A:10), Department of Education, Room 15, 101 Pleasant Street, Concord
3:30 p.m. Regular meeting.
JUDICIARY, Room 208, LOB
11:00 a.m. Continued public hearing on proposed non-germane amendment to SB 354, relative to the escrow fund for court facility improvements. The proposed non-germane amendment makes certain changes in the administration of the circuit court. Copies of the proposed non-germane amendment are available from the Sergeant-at-Arms office.
1:00 p.m. Continued executive session on SB 406, establishing an early offer alternative in medical injury claims, SB 17, relative to evidence of admissions in medical injury actions, SB 273, relative to vexatious litigants, SB 283, relative to disposition of nursing home patient accounts, SB 301, relative to the amendment of pleadings in landlord-tenant actions, SB 354, relative to the escrow fund for court facility improvements, SB 359, relative to civil actions involving accessibility standards for public buildings.
LONG-RANGE CAPITAL PLANNING AND UTILIZATION (RSA 17-M), Room 201, LOB
3:30 p.m. Regular business.
MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB
10:00 a.m. Executive session on SB 231, relative to municipal liens, SB 269, relative to the definition of default budget in towns that use official ballot voting, SB 395, relative to construction of an access road on land in current use, SB 243, relative to the management of trust funds and capital reserve funds. and continued executive session from May 3, if needed.
PUBLIC WORKS AND HIGHWAYS, Room 201, LOB
10:00 a.m. Executive session on SB 324-FN, relative to the use of funds generated by the Hampton Beach parking facilities.
1:00 p.m. Department of Transportation tour of Traffic Management Center and Bureau of Mechanical Services. (Van will leave the LOB at 1:00 and return at 3:00 p.m.)
REDRESS OF GRIEVANCES, Room 104, LOB
10:00 a.m. Continued executive session on PETITION 32, grievance of Randall Bowen, Shona Bowen, Jerry DeLemus, Robert Gates, Thomas Kaczynski, Jr., and 308 additional petitioners, all of Rochester, New Hampshire.
11:00 a.m. Executive session on PETITION 21, grievance of Arthur Ginsberg, Nashua, New Hampshire.
1:00 p.m. Full committee work session on PETITION 22, grievance of Joseph Haas, PETITION 28, grievance of Ghislain Breton, PETITION 31, grievance of Wade Henry.
Executive session may follow.
SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB
10:00 a.m. Executive session on SB 48, relative to state regulation of telephone service providers and clarifying the authority of the public utilities commission to regulate pole attachments, SB 215, establishing a study 1committee on updating and improving the procedures and criteria for review of projects by the site evaluation committee, SB 252, increasing the maximum term for energy performance contracts, SB 258, authorizing group net metering for limited electrical energy producers, SB 266-FN, prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner's consent, SCR 2, regarding the White Mountain National Forest, SB 218-FN, relative to electric renewable portfolio standards.
TRANSPORTATION, Room 203, LOB
10:00 a.m. SB 361, establishing a commission to study the feasibility of establishing energy infrastructure corridors within existing transportation rights of way and repealing a commission.
Executive session may follow.
10:45 a.m. Executive session on 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.
WAYS AND MEANS, Room 202, LOB
10:30 a.m. Executive session on SB 142-FN, relative to reorganizing the permitting process within the department of environmental services, SB 203-FN-A, relative to limited liability companies, SB 205, revising the New Hampshire business corporations act, RSA 293-A, SB 212-FN, relative to pooled risk management programs, SB 286, relative to a controlled drug prescription health and safety program, SB 314-FN, relative to state-owned vehicle fleet management, SB 326-FN-A-L, relative to state reimbursement of towns, SB 343-FN, establishing an independent board of psychologists, SB 372-FN-L, establishing an education tax credit, SB 399-FN, relative to the maximum permit application fee for certain municipal or state agency dredging projects, SB 407-FN, relative to the purchasing policy of the department of information technology and relative to the transfer of federal grant funds.
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.
COMMITTEE TO STUDY LAWS RELATING TO CONDO AND HOMEOWNERS’ ASSOCIATIONS (RSA 356-B:70), Room 305, LOB
11:00 a.m. Regular meeting.
ELECTION LAW, Room 308, LOB
9:00 a.m. Executive session on SB 232, relative to the date for the state primary election, SB 236, relative to nomination of candidates, SB 318-FN, relative to voter registration, SB 289-FN, relative to presenting photo identification to vote in person.
FINANCE, Rooms 210-211, LOB
9:00 a.m. Executive session on SB 155-FN-A, relative to section 179 expense deductions under the business profits tax, SB 230-FN, relative to the calculation of average final compensation for certain retirement system members, 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 244-FN, relative to the administration of the New Hampshire retirement system, SB 280, relative to the procedure for approval of medical parole, 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, SB 330-FN, requiring an independent financial opinion prior to the leasing of any state park property to a private entity, 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 376, extending the committee to develop a plan for privatizing the department of corrections, SB 313-FN, relative to state photographic identification indicating veteran's status, SB 332, repealing a prohibition relative to auxiliary state troopers and repealing the law governing motor vehicles carrying property for hire, SB 401-FN, relative to reporting the average daily membership of pupils in the public schools and relative to adjustments to adequate education grants, SB 404-FN, relative to funding for pupils enrolled in vocational education programs, SB 347-FN, relative to the department of health and human services administrative appeals, SB 348-FN, relative to the pulse oximetry test for newborns, SB 375-FN, relative to a prepaid health plan for Medicaid services and relative to the Medicaid management information system, SB 409-FN, relative to the use of marijuana for medicinal purposes.
JUDICIARY, Room 208, LOB
9:00 a.m. Continued executive session from May 8, if needed.
REDRESS OF GRIEVANCES, Room 104, LOB
10:00 a.m. Guardians Ad Litem subcommittee work session.
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Room 307, LOB
10:00 a.m. Continued executive session from May 7, if needed.
STATE FEDERAL RELATIONS AND VETERANS AFFAIRS, Room 203, LOB
9:30 a.m. Executive session on SB 217-FN, relative to management of Cannon mountain by the department of resources and economic development, SB 333, relative to a surviving spouse's right to retain a Purple Heart plate, SB 351, relative to proclaiming Blue Star Mother's Day, SB 398, proclaiming March 30, 2013 as Welcome Home Vietnam Veterans Day.
MONDAY, MAY 14
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21), Room 100, State House
3:00 p.m. Regular meeting.
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.
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.
WEDNESDAY, MAY 16
ASSESSING STANDARDS BOARD (RSA 21-J:14-a), Department of Revenue Administration, 109 Pleasant Street, Concord
1:30 p.m. Subcommittee meeting.
FRIDAY, MAY 18
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB
9:00 a.m. Continued regular meeting.
FISCAL COMMITTEE (RSA 14:30-a), Rooms 210-211, LOB
10:00 a.m. Regular business.
GUARDIANS AD LITEM BOARD (RSA 490-C:1), Room 101, LOB
10:00 a.m. Non-public session of the Complaint Review Committee
12:00 p.m. Rescheduled regular meeting.
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13), Room 205, LOB
12:00 p.m. Regular meeting.
MONDAY, MAY 21
COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T:1), Room 307, LOB
10:00 a.m. Regular meeting.
INTERAGENCY COORDINATING COUNCIL FOR WOMEN OFFENDERS (RSA 21-H:14-c), Room 100, State House
9:00 a.m. Regular meeting.
OIL FUND DISBURSEMENT (RSA 146-D:4), Room 305, LOB
9:00 a.m. Regular meeting.
TUESDAY, MAY 22
FINANCE – (DIVISION I), Department of Environmental Services, 29 Hazen Drive, Concord
1:00 p.m. Department budget update with Commissioner Tom Burack.
THURSDAY, MAY 24
COMMISSION TO STUDY BUSINESS REGULATIONS IN NEW HAMPSHIRE (RSA 359-L:1), Room 303, LOB
3:00 p.m. Regular meeting.
OFFICIAL NOTICES
County Delegation Notice
Belknap County Delegation will meet on Monday, May 14 at 4:00 p.m. for a public hearing and subsequent action on the Gunstock Revenue Anticipation Note. Following that meeting will be a meeting with the Belknap County Commissioners.
Rep. Alida I. Millham, Chairman
Belknap County Delegation
County Delegation Notice
Hillsborough County Delegation will meet on Wednesday, May 9, 2012 in Representatives Hall at the State House, Concord, NH immediately following session. 1. Consistent with RSA 23:7 to Establish Compensation for Elected Officials. 2. And any other business to come before the Delegation.
Rep. Carl Seidel, Chairman
Hillsborough County Delegation
County Delegation NoticeS
Pursuant to RSA 23:7 the Executive Committee of the Merrimack County Delegation will meet on Monday, May 21st, 2012 at 9:00a.m. in the Lower Level Conference Room located at the McDonnell Building 4 Court Street, Concord, NH. The purpose of the meeting is as follows: 1. Review and Approve the First Quarter Financial Report. 2. Hear a report from the Salary Study Committee Chairman. 3. Hear a report on refunding of certain general obligation bonds. 4. Any other business that may appropriately come before them.
Rep. David Kidder, Chairman
Merrimack County Executive Committee
Pursuant to RSA 23:7 the Merrimack County Delegation will meet on Monday, May 21st, 2012 at 9:30a.m. in the Lower Level Conference Room located at the McDonnell Building, 4 Court Street in Concord, NH. The purpose of the meeting is: 1. Act on the Elected Officials Salaries. 2. Authorize Refunding of Certain Obligation Bonds. 3. To consider any other business that may appropriately come before them.
Rep. David Palfrey, Chairman
Merrimack County Delegation
County Delegation Notice
Rockingham County Delegation will meet to vote on salaries and benefits for elected officials on Monday, May 14, 2012 at 6:00 p.m. at the Hilton Auditorium. The Executive Committee will meet at 5:30 p.m. in the Commissioner’s Conference Room, Rockingham County Nursing Home, Brentwood NH.
Rep. David A. Welch, Clerk
Rockingham County Delegation
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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, 344, 351, 418, 420, 440, 445, 449, 494, 508, 518, 533, 602, 627, 652, 1155, 1185, 1204, 1230, 1251, 1274, 1297, 1302,1366, 1383, 1418, 1440, 1455, 1460, 1473, 1483, 1490, 1495, 1496, 1505, 1510, 1521, 1526, 1529, 1534, 1546, 1547, 1552, 1576, 1593, 1597, 1607, 1611, 1629, 1644, 1652, 1658, 1659, 1664, 1666, 1673, 1675, 1677, 1678, 1679, 1680, 1682, 1685, 1686, 1687, 1688, 1691, 1692, 1695, 1696, 1698, 1701, 1713, 1721. SBs 48, 83, 153, 217, 218, 225, 229, 239, 244, 247, 258, 266, 285, 302, 311, 313, 314, 321, 324, 330, 338, 343, 347, 348, 350, 358, 350, 366, 372, 392, 399, 401, 402, 407.
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
Rep. Dick W. Patten, 30 Pinewood Trail, Concord, New Hampshire 03301-5247
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 NH House Business Coalition will hold a special meeting on Friday, May 4 from 9:00 a.m. to noon in Rooms 210-211, LOB. RSVP required to Representative Laurie Sanborn at RepSanborn@gmail.com
Rep. Laurie Sanborn
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Legislators are invited to attend a special meeting of the NH Legislative Task Force on Work and Family (RSA 276-B) on Monday, May 7, 2012 in Rooms 205 and 207 in the Legislative Office Building (LOB) beginning at 1:15pm. This meeting, which will be held jointly with business leaders and members of NH Chambers of Commerce and the BIA will feature a report entitled Working Parents and Workplace Flexibility, published by the Carsey Institute at the University of New Hampshire (UNH) in cooperation with the UNH Department of Family Studies, Cooperative Extension and the NH Department of Employment Security. Presenters will include Dr Kristin Smith, Demographer from the Carsey Institute and Dr Malcolm Smith, Associate Professor in the UNH Department of Family Studies and Family Policy Specialist with NH Cooperative Extension. This study, the first to survey NH working families is related to the Task Force’s goal of researching employment policies and practices that improve productivity, promote economic development and are specifically designed to recruit and retain a competent and talented workforce. Participants will have an opportunity to share experiences on the successes and challenges of introducing changes such as workplace flexibility in NH. All are welcome.
Rep. Mary Stuart Gile
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The Barnstead-Alton Republican Committee (BARC) has announced that their next monthly meeting will be held on Tuesday, May 8 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. In addition to legislative and candidate updates, the highlight of the evening will be the committee’s guest speaker, Executive Councilor Ray Burton, who represents 9 of the 11 municipalities in Belknap County. Burton, the longest serving Executive Councilor, will listen to any issues or concerns that you may have. He will also share his accomplishments since his re-election in November 2010, and his plans for the future. For more information, please send an email to Barnstead.Alton.RepubComm@gmail.com or check out the committee’s website at www.BARC-NewHampshire.org
Rep. Elaine Swinford
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All Representatives are invited to the Upham Walker House on Wednesday, May 9 at 9:00 a.m. for morning prayer and fellowship. Coffee will be provided.
Rep. Susan C. DeLemus
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The New Hampshire Order of Women Legislators (OWLS) will hold a bake sale throughout the day in the anteroom of Representatives Hall on Wednesday, May 9. All proceeds are to benefit MooreMart. Anyone wishing to donate may do so. The OWLS will meet on Wednesday, May 9, during the lunch break from session in the third floor conference room at the State House. Please bring your lunch.
Rep. Laura Pantelakos
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The next meeting of the Belknap County Republican Committee (BCRC) will be held at 6:30 p.m., Wednesday, May 9 at C.J. Avery’s Restaurant, 10 Railroad Ave., in the Lakeport section of Laconia Featured this month as guest speaker is Belknap County Attorney Melissa Guldbrandsen. Attorney Guldbrandsen will share her thoughts and experiences related to her first term as the County Attorney, as well as her plans regarding the election in November. Also, of particular note at the May meeting will be an update regarding tickets sales and guest speakers for the annual Mount Washington Cruise scheduled for Friday, June 1. 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 Swinford
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Legislators are invited to attend the Eighth Annual Dartmouth Symposium on Substance Use. Medical Marijuana- Compassionate Care or Oxymoron? Friday, May 11th, 2012, 8:30 a.m.-4:00 p.m. at Collis Center, Dartmouth College. Sponsored by the Dartmouth Center on Addiction Recovery and Education. Details and free registration (must be pre-registered, limited space) at www.dartmouth.edu/~dcare.
Rep. Laurie Harding
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National Committeewoman, Phyllis Woods, would like to invite all Republican women to attend an exciting and informative event.: A 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 9:00 a.m. and conclude at 12:30 p.m. 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
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The New Hampshire Soft Drink Association cordially invites all House and Senate members and legislative staff to enjoy a hot breakfast on Wednesday, May 16th from 8:00-10:00 a.m. in the State House Cafeteria. Please come and see how the beverage industry in New Hampshire is delivering jobs, choice and recycling innovation. Experts will be on hand to discuss how plastic bottles are recycled and reused. Please RSVP to jgrimbilas@biancopa.com See you there!
Reps. D.J. Bettencourt and Terie Norelli
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All are welcomed to Representative Burt’s Hot Dog Day rescheduled to Wednesday, May 16th 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
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Members of the General Court and staff are invited to join UNH President Mark W. Huddleston on Wednesday, May 16th from 12:00 p.m. to 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. Please register by May 9th at www.unh.edu/universityevents or call (603) 862-3660. Brown bag lunches will be provided.
Rep. Judith Spang
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In recognition of your support, the New Hampshire Law Enforcement Officers Memorial Committee cordially invites you to the 20th Annual New Hampshire Law Enforcement Officers Memorial Ceremony. The ceremony will be held on Friday, May 18, 2012, beginning promptly at 10:00 a.m. on the memorial site in front of the Legislative Office Building. The ceremony will proceed rain or shine. Refreshments will be served immediately following the event. Please do not hesitate to contact either Timothy J. Acerno of Fish and Game at 603-271-3128 or Chief Michael Greeley of the Deerfield Department at 603-463-7258 if you have any questions.
William L. O’Brien, Speaker
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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
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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
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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
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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 | |
| May 4 | 9:00 | Conant Rumford School - Concord | /4 | |
| May 4 | 10:00 | Antrim Elementary School | 34/4 | |
| May 4 | 11:00 | Campton Elementary School | 35/4 | |
| May 4 | 11:45 | Tri City Christian Academy- Somersworth | 23/4 | |
| May 7 | 9:00 | Conant Rumford School – Concord | /4 | |
| May 7 | 10:15/11:30 SH/HM | Auburn Village School | 78/4 | |
| May 8 | 9:00 | Bristol Elementary School | 45/4 | |
| May 8 | 10:30 | Ossipee Central School | 38/4 | |
| May 8 | 11:30 | Milton Elementary School | 48/4 | |
| May 8 | 12:30 | Conway Elementary School | 45/4 | |
| May 9 | 9:30 | Riverbend Community Group | 15 | |
| May 9 | 10:30 | World Affairs Council – Russians |
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| May 9 | 9:45/11:00 SH/HM | Danville Elementary School | 60/4 | |
| May 10 | 10:15/11:30 SH/HM | DJ Bakie School – Kingston | 94/4 | |
| May 11 | 10:00 | Ray School – Hanover | 45/4 | |
| May 11 | 11:15 | St. Joseph Regional School – Keene | 14/4 | |
| May 11 | 11:15 | Danbury Elementary School | 11/4 | |
| May 14 | 10:00/11:30 | Wm. Barron School – Salem | 60/4 | |
| May 14 | 12:00 | Rollinsford Grade School | 60/4 | |
| May 15 | 9:15 | Bridgewater Hebron School | 35/4 | |
| May 15 | 10:15/11:30 SH/GiftShop | Pelham Elementary School | 97/4 | |
| May 16 | 9:00 | Path Finder Montessori School – Epsom | 10 | |
| May 16 | 10:00/12:00 | Mastway School – Lee | 87/4 | |
| May 16 | 3:00 | Immaculate Conception Apostolic School – Wolfeboro | 15/HS | |
| May 17 | 8:30 | NH Society of CPA’s Leadership Group | 15 | |
| May 17 | 9:45 | Lakeway Elementary School – Littleton | 56/4 | |
| May 17 | 10:30 | Mont Vernon Village School | 36/4 | |
| May 18 | 10:15/11:30 SH/SC | Memorial School – Newton | 60/4 | |
| May 21 | 9:15 | John Fuller School – North Conway | 40/4 | |
| May 21 | 10:15/11:30 SH/GiftShop | Pelham Elementary School | 97/4 | |
| May 21 | 12:45 | Simonds Elementary School – Warner | 35/4 | |
| May 22 | 9:15 | Florence Rideout School – Wilton | 40/4 | |
| May 22 | 10:15 | Deerfield Community School | 34/4 | |
| May 22 | 11:30 | Pittsfield Elementary School | 40/4 | |
| May 23 | 9:30/11:00 SH/HM | Gossler Park School – Manchester | 56/4
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| May 23 | 10:30 | Hancock Elementary School | 17/4 | |
| May 23 | 11:30 | Ed Fenn Elementary School – Gorham | 37/4 | |
| May 23 | 11:30 | Mt. Washington Valley Leadership | 20 | |
| May 24 | 9:30 | Riverwoods Retirement Community-Exeter |
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| May 24 | 10:15 | Hampstead Central School | 46/4 | |
| May 24 | 12:30 | Little Harbor School – Portsmouth | 44/4 | |
| May 24 | 12:00 | St. Elizabeth Seton School – Rochester | 25/4 | |
| May 25 | 10:00 | Lin-Wood School – Lincoln & Woodstock | 30/4 | |
| May 25 | 11:00 | Mt. Pleasant School – Nashua | 50/4 | |
| May 25 | 12:00 | Little Harbor School – Portsmouth | 44/4 | |
| May 29 | 9:00 | Merrimack Middle School | 50/8 | |
| May 29 | 10:00 | Hampstead Central School | 46/4 | |
| May 29 | 10:30/12:00 | Hollis Brookline High School | 132/HS | |
| May 29 | 11:00 | Lincoln Akerman School- Hampton Falls | 26/4 | |
| May 30 | 9:00 | Merrimack Middle School | 50/8 | |
| May 30 | 10:30 | Mountain Shadows School – Dublin | 10/6 | |
| May 30 | 10:30 | Lakes Region Christian School- Laconia | 4/HS | |
| May 30 | 11:00 | Sunset Tours | 40/SRS | |
| May 30 | 11:30 | North Hampton School | 45/4 | |
| May 30 | 12:30 | Holderness Central School | 22/4 | |
| May 31 | 9:00 | Jennie Blake School – Hill | 23/4 | |
| May 31 | 10:00 | New Hampton School | 16/4 | |
| May 31 | 10:00 | Cornerstone Christian Academy-Ossipee | 12/4 | |
| May 31 | 11:30 | Mason Elementary School | 37/4 | |
| May 31 | 12:30 | Kimball School – Concord | 27/4 | |
WEDNESDAY, MAY 9
AMENDMENTS
(LISTED IN NUMERICAL ORDER)
Amendment to SB 238
(2012-1774h)
Proposed by the Committee on Municipal and County Government - C
Amend the bill by replacing all after the enacting clause with the following:
1 Committee Established. There is established a committee to assess the form of government in towns that have elected the official ballot referendum form of meeting pursuant to RSA 40:13.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Five members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall examine the implementation and administration of the official ballot referendum form of meeting pursuant to RSA 40:13 and make recommendations relative to improving the process and enhancing flexible governance.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2012.
6 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill establishes a committee to assess the form of government in towns that have elected the official ballot referendum form of meeting pursuant to RSA 40:13.
Amendment to SB 241
(2012-1953h)
Proposed by the Committee on Resources, Recreation and Development - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to expiration and extension of terrain alteration permits and extending the report date for the commission to study water infrastructure sustainability funding.
Amend RSA 485-A:17, II-e as inserted by section 1 of the bill by replacing it with the following:
II-e. A permit issued under this section that is associated with the ongoing excavation or mining of materials from the earth shall not expire for the life of the project identified in the permit application, provided that the permit holder submits a written update of the project’s status every 5 years from the date of the permit issuance using a form obtained from the department as specified in department rules.
Amend the bill by replacing all after section 1 with the following:
2 Commission to Study Water Infrastructure Sustainability Funding; Report. Amend 2009, 245:5, as amended by 2011, 144:1, to read as follows:
245:5 Report. The commission shall make an interim report on or before November 1, 2009, and another on November 1, 2010, with a final report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library [one year from the effective date of this act, or earlier] on or before November 1, 2012.
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:
I. Provides that a terrain alteration permit shall be valid for 5 years and authorizes an extension of the permit if the applicant meets specified criteria.
II. Provides an exception for a terrain alteration permit associated with the ongoing excavation or mining of materials from the earth, which shall not expire during the life of the project if the permit holder submits a written status update to the department of environmental services every 5 years.
III. Extends the final report date for the commission to study water infrastructure sustainability funding.
Amendment to SB 245
(2012-1941h)
Proposed by the Committee on Commerce and Consumer Affairs - C
Amend RSA 126-V:1, II as inserted by section 1 of the bill by replacing it with the following:
II. In this section, a “health care sharing organization” means a faith-based nonprofit organization which, or a predecessor of which, has been in existence continuously and has facilitated the sharing of medical expenses of participants without interruption since December 31, 1999, that is tax-exempt pursuant to section 501(c)(3) of the Internal Revenue Code, which limits its participants to individuals who share a common set of ethical or religious beliefs, and whose participants share medical expenses in accordance with those beliefs.
Amendment to SB 254
(2012-1775h)
Proposed by the Committee on Municipal and County Government = C
Amend the bill by replacing section 3 with the following:
3 Recreation and Parks; Special Fund. Amend RSA 35-B:2, II to read as follows:
II. By fees and charges for recreation park services and facilities. All revenue from such fees and charges may be deposited into a special fund established for such purposes pursuant to RSA 31:95-c, or into a recreation revolving fund established by vote of the legislative body. If such a recreation revolving fund is created, the money in the fund shall be allowed to accumulate from year to year, and shall not be considered part of the political subdivision's general surplus. The treasurer of the political subdivision shall have custody of all moneys in such fund, and shall pay out the same only upon order of the recreation or park commission, or other board or body designated by the local legislative body at the time the fund is created. Such funds may be expended only for the purposes of this chapter, and no expenditure shall be made in such a way as to require the expenditure of, or create a liability upon, other town funds which have not been appropriated to that purpose. If such recreation revolving fund is rescinded by vote of the legislative body, any remaining amounts in the fund shall become part of the general fund accumulated surplus.
Amendment to SB 265
(2012-1899h)
Proposed by the Committee on Resources, Recreation and Development - C
Amend RSA 149-I:6-a, II as inserted by section 1 of the bill by replacing it with the following:
II. “Stormwater” means [stormwater runoff from precipitation, snow melt runoff, and street wash waters related to street cleaning or maintenance, infiltration, and drainage] surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or other substances carried along with the water.
Amend the bill by deleting section 2 and renumbering the original section 3 to read as 2.
AMENDED ANALYSIS
This bill amends the definition of “stormwater” in the statute governing stormwater utilities.
Amendment to SB 276-FN
(2012-1879h)
Proposed by the Committee on Criminal Justice and Public Safety - C
Amend the bill by replacing section 1 with the following:
1 Destruction of Property; Criminal Mischief. Amend RSA 634:2, VI to read as follows:
VI. Any person who is found guilty of criminal mischief under paragraph III of this section because he or she has vandalized, defaced, or destroyed any part of state or municipal property, [the “Old Man of the Mountain”] or any natural geological formation, site, or rock surface located on public property that has been designated by the state or any of its political subdivisions or the federal government as a natural area or landmark shall be guilty of a class A misdemeanor and shall also make restitution [to the state] for any damage he or she has caused.
Amendment to SB 358-FN
(2012-1929h)
Proposed by the Committee on Resources, Recreation and Development - C
Amend the title of the bill by replacing it with the following:
Amend the bill by replacing all after the enacting clause with the following:
1 Free Admission to State Park System for Members of the Armed Forces. RSA 216-A:3-g, V is repealed and reenacted to read as follows:
V.(a) Upon presentation of military identification, any active member of the armed forces who meets the minimum requirements for satisfactory membership, as defined in federal regulations, shall not be charged a fee for admission to day-use areas of the state park system. In this section, “armed forces” means armed forces as defined in RSA 21:50, II and includes active and reserve members of the New Hampshire national guard.
(b) Any fees for the use of enterprise activities as described in paragraph II of this section shall be charged.
2 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill changes eligibility requirements for free admission to the state park system for members of the armed forces.
Amendment to SB 371
(2012-1645h)
Proposed by the Committee on Commerce and Consumer Affairs - C
Amend RSA 447:1 and 447:2 as inserted by section 1 of the bill by replacing them with the following:
447:1 Vessels. If a person shall[, by himself or others,] perform labor, provide professional design services as defined in RSA 447:2, or furnish materials toward building, repairing, fitting or furnishing a vessel within this state, payment for which is due, he or she shall have a lien therefor on the vessel for the space of 4 days after it is completed.
447:2 Buildings, etc.
I. If any person shall[, by himself or others,] perform labor, provide professional design services, or furnish materials to the amount of $15 or more for erecting or repairing a house or other building or appurtenances, or for building any dam, canal, sluiceway, well or bridge, or for consumption or use in the prosecution of such work, other than for a municipality, by virtue of a contract with the owner thereof, he or she shall have a lien on any material so furnished and on said structure, and on any right of the owner to the lot of land on which it stands.
II. In this section, “professional design services” means any services provided by a licensed architect, licensed landscape architect, licensed engineer, permitted septic designer, certified wetland scientist, certified soil scientist, or licensed land surveyor that is directly related to the improvement of real property.
Amend RSA 447:5 as inserted by section 2 of the bill by replacing it with the following:
447:5 Subcontractors. If a person shall [by himself or others] perform labor, provide professional design services as defined in RSA 447:2, or furnish materials to the amount of $15 or more for any of the purposes specified in RSA 447:2, 447:3 and 447:4 and in RSA 453, by virtue of a contract with an agent, contractor or subcontractor of the owner, [he] the person shall have the same lien as provided in said sections, provided, that he or she gives notice in writing to the owner or to the person having charge of the property that he or she shall claim such lien before performing the labor or furnishing the material for which it is claimed.
Amend RSA 447:7 as inserted by section 2 of the bill by replacing it with the following:
447:7 Railroads. If a person shall[, by himself or others,] perform labor, provide professional design services, or furnish materials to the amount of $15 or more, in the grading, masonry, bridging or track-laying of a railroad, under a contract with an agent, contractor or subcontractor of the proprietors thereof, [he] the person shall have a lien upon the railroad and the land upon which it is constructed; provided, that he or she gave notice in writing to such proprietors, or to the person having charge of the railroad, that he or she should claim such lien before performing the labor, providing the services, or furnishing the materials for which it is claimed.
Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as 6:
5 Reference Change; Liens for Lumber, Etc. Amend RSA 447:4 to read as follows:
447:4 Lumber, etc. If a person shall, [by himself or others, or] by teams or machinery, perform labor or furnish supplies to the amount of $15 or more toward rafting, driving, cutting, hauling, sawing or drawing wood, bark, lumber or logs, or toward cooking or hauling supplies in aid of such labor, by virtue of a contract with the owner of the wood, bark, lumber or logs, he or she shall have a lien thereon for such labor or supplies.
Amendment to SB 382-FN-LOCAL
(2012-1948h)
Proposed by the Committee on Municipal and County Government - R
Amend RSA 76:21, I-III as inserted by section 2 of the bill by replacing them with the following:
I. Whenever a taxable building is damaged due to unintended fire or natural disaster to the extent that it renders the building not able to be used for its intended use, the assessing officials shall prorate the assessment for the building for the current tax year. For purposes of this paragraph, an unintended fire means a fire which does not arise out of any act committed by or at the direction of the property owner with the intent to cause a loss.
II. The proration of the building assessment shall be based on the number of days that the building was available for its intended use divided by the number of days in the tax year, multiplied by the building assessment.
III. A person aggrieved of a property tax for a building damaged as provided in paragraph I shall file an application with the assessing officials in writing within 60 days of the event described in paragraph I.
AMENDED ANALYSIS
This bill establishes the procedure for the proration of assessments for property taxes for taxable buildings damaged due to unintended fire or natural disaster to the extent that the building can no longer be used for its intended use.
Amendment to SB 388
(2012-1914h)
Proposed by the Committee on Resources, Recreation and Development - C
Amend the bill by replacing section 3 with the following:
3 Report. The department of environmental services shall reassess the current high water mark for Silver Lake as set by the department, taking into consideration existing structures that are below such high water mark and evidence given to the senate energy and natural resources committee. The department of environmental services shall report its determination to the senate energy and natural resources committee and the house resources, recreation and development committee by December 1, 2012.
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