New Hampshire House of Representatives Issues House Calendar No. 29
| Targeted News Service |
The House will meet in Session on
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Chairmen and Vice-Chairmen will meet on
NOTICE
There will be a
NOTICE
There will be a
NOTICE
The House calendar closes at
CLOSES NOON THURSDAY: AVAILABLE FRIDAY:
HOUSE DEADLINES FOR 2012 SESSION
CONSENT CALENDAR
CRIMINAL JUSTICE AND PUBLIC SAFETY
SB 277, establishing a sexual offender management board. INEXPEDIENT TO LEGISLATE.
Rep.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
SB 223, to make technical revisions relative to the health information organization corporation. OUGHT TO PASS WITH AMENDMENT.
Rep.
SB 281, relative to exposure to infectious disease by emergency response and public safety workers and notification of public health authorities. OUGHT TO PASS WITH AMENDMENT.
Rep. Rich T DiPentima for Health, Human Services and Elderly Affairs: This bill will add those individuals protected under RSA 508:12 (good Samaritans) to be notified if they sustain an unprotected exposure to an infectious disease while assisting an injured individual. The current law provides such a notice for emergency response/public safety workers and persons using wreckers. This bill simply gives good Samaritans this same level of protection. Vote 17-0.
SB 319, changing the membership of and extending the commission to study the effects of service-connected post-traumatic stress disorder and traumatic brain injury suffered in the line of duty by members of the armed forces and veterans. OUGHT TO PASS WITH AMENDMENT.
Rep.
SB 321-FN, establishing a committee to study the continuation of payments to long-term care facilities. OUGHT
Rep.
SB 348-FN, relative to the pulse oximetry test for newborns. OUGHT
Rep.
SB 363, establishing a commission to study the regulation and licensing of youth camps, including youth skills camps. OUGHT
Rep.
MUNICIPAL AND COUNTY GOVERNMENT
SB 83-FN, enabling municipalities to create other post-employment benefits (OPEB) trusts. OUGHT TO PASS WITH AMENDMENT.
Rep. Franklin W
PUBLIC WORKS AND HIGHWAYS
SB 360, naming a pond in the town of
Rep. Ross W Terrio for Public Works and Highways: The intent of this bill is to name a small pond in the
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM
SB 230-FN, relative to the calculation of average final compensation for certain retirement system members. OUGHT
Rep.
TRANSPORTATION
SB 285-FN, authorizing suspension or revocation of a driver's license for serious boating offenses and relative to loss of motorboat privileges for aggravated driving while intoxicated. OUGHT
Rep. Robert W Williams for Transportation: Any motor vehicle operator who loses the privilege of driving also loses the privilege of operating a motor boat and every motor boat operator that loses the privilege to operate a motor boat loses the privilege of driving a car for the same amount of time. This bill corrects an oversight related to time lost by motor boat operators by an amendment to RSA 263.56. The oversight was not having the same time loss of driving privileges by motor vehicle drivers and motor boat operators. The goal is to have RSA-A:20 read that any person who is convicted of a violation of RSA 263.56, operators of a motor boat or drivers of a motor vehicle, shall have the same time loss period of driving privileges for both motor vehicles and motor boats. Vote 12-0.
SB 296, relative to including next-of-kin contact information on a driver's license. OUGHT
Rep.
REGULAR CALENDAR
PUBLIC WORKS AND HIGHWAYS
SB 290, naming a bridge in
Rep.
SB 367, naming a bridge in the town of
Rep. John A Graham for Public Works and Highways: This bill names a bridge on the new Manchester Airport road the "
SB 391, naming a portion of
Rep. Gene G Chandler for Public Works and Highways: This bill would name a portion of Rte 107/43 in the
SB 394-L, relative to the reclassification of
Rep. John A Graham for Public Works and Highways: As introduced, this bill will reclassify
SPECIAL COMMITTEE ON REDISTRICTING
SB 202, apportioning congressional districts. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep.
Rep.
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
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
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
HB 1453, relative to requiring planning boards to require a deeded right-of-way to a public road as a condition for approval of plans for certain developments. (Pending question - adoption of the majority committee report of ought to pass.
HB 1517-FN-L, prohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court. (Pending question - adoption of the majority committee report of ought to pass.)
HB 1522-FN, reducing the penalty for violating a local vendor ordinance. (Pending question - adoption of the committee majority report if inexpedient to legislate.)
HB 1653-FN, relative to the rights of conscience for medical professionals. (Pending question - adoption of the majority committee report of ought to pass.)
HB 1685-FN-L, relative to collective bargaining under the public employee labor relations statutes. (Pending question: adoption of the majority committee amendment.)
HB 1709-FN, establishing a criminal offense for failure to report a missing or deceased child. (Pending question - adoption of the committee report of refer for interim study.)
HCO 1, relative to implementing an election pursuant to representative districts established in the order.
SB 168-FN, conforming the interest and dividends tax to federal tax definitions. (Pending question: adoption of the majority committee report of ought to pass with amendment.)
NOTICE
LEGISLATIVE ETHICS COMMITTEE
Advisory Opinion 2012-2
Response to a Request for an Advisory Opinion
from Representative
(
Pursuant to RSA 14-B:3, I (c), Rep. Kenneth Kreis has requested an Advisory Opinion whether, consistent with applicable statutes and the Ethics Guidelines, he may participate in official activities regarding 2012 HB 1219, relative to the definition of wildlife for purposes of regulation by the
According to information provided to the Committee by Rep. Kreis, he is licensed as a "wildlife propagator" by the
Specifically, Rep. Kreis asks whether on the basis of this information, he would have a reportable financial interest or conflict of interest that would bear on his ability to participate in official activities regarding HB 1219, or similar legislation.
Relevant provisions of applicable law are:
Ethics Guidelines
1 Principles of
2 Definitions, Paragraphs II. "Conflict Of Interest", V. "Financial Interest", and
X. "Official Activities"
3 Legislator's Financial Disclosure Form, Introduction and Paragraph 2
4 Prohibited Activities, Paragraphs II, III. and V.
5 Conflict of Interest Procedure (all)
(See full text set out in Appendix)
We advise as follows:
Based on Rep. Kreis's representations, we assume that his purpose in proposing legislation involving the
Rep. Kreis has given assurances that neither he nor any family member has received any financial benefit or effect from his activities as a licensed wildlife propagator, and therefore none from the potential enactment of HB 1219. Based on these assurances, we conclude that there would be no "conflict of interest" within the meaning of the specific financial conflict of interest provisions of the Guidelines that would affect his participation in official activity concerning the Bill.
However, because Rep. Kreis pays a fee for his license as a wildlife propagator, he might well have a reportable financial interest in future legislation that would change the licensing fee. To avoid violation of the Guidelines that might result from his participation in official activity in connection with such a bill, he should list his position as wildlife propagator under Item II(a) in the Financial Disclosure Form required of legislators by Section 3 of the Guidelines.
Because the questions raised by Rep. Kreis's request may be of general interest to legislators beyond the specific facts provided by Rep. Kreis, we offer the following observations to promote better understanding of the relevant provisions of the Guidelines.
Principle I of the Guidelines requires legislators generally to use the powers and resources of public office only to advance public interests, and not to obtain personal benefits or pursue any other private interest incompatible with the public good. Similarly, Principle II of the Guidelines requires legislators to decide all matters on the merits free from conflicts of interest and both real and apparent improper influences. These are principles of public service that legislators should always bear in mind and abide by, in addition to the specific provisions of the Guidelines relating to financial conflict of interest. Also, the Prohibited Acts set forth in Section 4 of the Guidelines broadly proscribe official activity that is motivated by pursuit of personal or private benefit, financial or otherwise. See this Committee's Special Report to the Speaker Regarding Complaint 97-1, (re Rep.
Those broad prohibitions on pursuit of private interest are distinct from the specific financial conflict of interest provisions of the Guidelines, which are triggered only by the presence of financial interest in the outcome of an official activity. As the Guidelines definitions state:
II. "Conflict Of Interest" is the condition in which a legislator has a financial interest
in any official activity. * *
* V. "Financial Interest" is a reasonably foreseeable direct material financial effect which
is greater on the legislator, legislative officer, legislative employee, or a family member
than on the general public. * *
* [Emphasis added].
Furthermore, even where a legislator may have a financial interest in an official activity (and therefore a conflict of interest as defined), the financial conflict of interest provisions of the Guidelines do not require a legislator to recuse, or decline to participate in the matter, or authorize anyone else to require the legislator to do so. In this respect, the Guidelines are patterned after the traditional British Parliamentary standard, recognizing that in a citizen legislature, members must earn a living and therefore may have private financial interests of one kind or another that may be affected by legislation. Accordingly, instead of disqualification, in the case of financial conflict of interest what the Guidelines require is disclosure, so that the legislator's colleagues and the voters can be made aware of the legislator's potential motivations, and respond accordingly.
The Guidelines provide two specific mechanisms for disclosure:
(1) Annually filing the Financial Disclosure Form specified by Section 3, which requires disclosure of the legislator's primary sources of substantial income, as well as membership in groups that may be specially affected by legislation; and
(2) where the Financial Disclosure Form may not adequately disclose a special interest with respect to a specific official activity, filing a Declaration of Intent Form disclosing the interest as specified in Section 5 of the Guidelines, and stating whether the legislator will either participate, or not participate, in the official activity in question. The decision to participate or recuse is for the legislator to make, not others. In the succinct words of the Guidelines, the point of the Declaration is to "permit clear public awareness and understanding of the nature and extent of the conflict," thereby allowing colleagues and the electorate to judge the legislator's conduct accordingly.
Where a legislator is aware that he or she has a reportable conflict but is uncertain whether to file a Declaration of Intent Form, the better practice would be to file the form, because it will better serve the purpose of disclosure. Similarly, filing a Declaration of Intent form is also appropriate where a legislator might reasonably be thought to have a special, private but non-financial interest influencing the official activity. See Advisory Opinion 2010-5, Request of Rep.
We appreciate the opportunity to be of assistance.
For the Committee,
Chairman
[Vote: 7 - 0]
{The full texts of relevant provisions of the Ethics Guidelines are set forth in an Appendix to this Advisory Opinion, available at http://gencourt.state.nh.us/ethics/Advisory_Opinions/AO_Blurbs.htm }
HOUSE BILLS AMENDED BY THE
CACR 6, relating to taxation. Providing that a 3/5 vote is required to pass legislation imposing new or increased taxes or license fees, or to authorize the issuance of state bonds and providing that the general court shall appropriate funds for payment of interest and installments of principle of all state bonds. (House Nonconcurred; C of C 3/7/12)
CACR 12, relating to public education. Providing that the general court shall have the authority to define standards for public education, establish standards of accountability, mitigate local disparities in educational opportunity and fiscal capacity, and have full discretion to determine the amount of state funding for education. (House Nonconcurred; C of C 3/14/12)
HB 102, establishing a committee to study certain issues relative to the insurance department, banking department, and bureau of securities regulation of the office of the secretary of state. (House Nonconcurred; C of C 2/22/12)
HB 110, requiring professional safety and security services personnel to report certain criminal offenses. (House Concurred 2/1/12)
HB 145, permitting the audio and video recording of a law enforcement officer while in the course of his or her official duties. (House Nonconcurred; C of C 3/7/12)
HB 146, relative to the right of a jury to judge the application of the law in relationship to the facts in controversy. (House Nonconcurred; C of C 3/7/12)
HB 158, relative to the misuse of social security numbers. (House Nonconcurred; C of C 3/7/12)
HB 186-FN, relative to the definition of political communication. (House Nonconcurred 2/1/12)
HB 193, relative to the
HB 418-FN, relative to the use of open source software and open data formats by state agencies and relative to the adoption of a statewide information policy regarding open government data standards. (House Concurred 2/1/12)
HB 479-FN, relative to receivership of nursing homes and other residential health care facilities. (SJ 1/18/12)
HB 508-FN, establishing a performance measurement for State agencies. (House Nonconcurred; C of C 2/1/12)
HB 597, revising the child support guidelines based on an income shares model of calculating child support. (House Nonconcurred; C of C 3/7/12)
HB 624, relative to the rulemaking authority of state agencies to establish fees and costs and establishing a committee to study the rulemaking authority of state agencies to establish fees. (SJ 3/28/12)
HB 627-FN, relative to "essential benefits" under federal health care reform. (House Nonconcurred; C of C 2/22/12)
HB 648, relative to eminent domain petitions by public utilities. (House Concurred 2/8/12)
HB 1567, establishing a committee to study the federal Youth Corrections Act. (SJ 3/28/12)
COMMITTEES OF CONFERENCE
CACR 6, relating to taxation. Providing that a 3/5 vote is required to pass legislation imposing new or increased taxes or license fees, or to authorize the issuance of state bonds and providing that the general court shall appropriate funds for payment of interest and installments of principle of all state bonds. (Reps. Stepanek, Sanborn, Ulery and Azarian - Subject to
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.
HB 102, establishing a committee to study certain issues relative to the insurance department, banking department, and bureau of securities regulation of the office of the secretary of state. (Reps. Hunt, Mauro, McGuiness and Gidge - Subject to
HB 145, permitting the audio and video recording of a law enforcement officer while in the course of his or her official duties. (Reps. Welch, Warden, Parsons and Ginsberg - Subject to
HB 146, relative to the right of a jury to judge the application of the law in relationship to the facts in controversy. (Reps. Giuda, LaCasse, McClarren and Wall - Subject to
HB 158, relative to the misuse of social security numbers. (Reps. Murphy, Hagan, Palmer and Watrous - Subject to
HB 508-FN, establishing a performance measurement for State agencies. (Reps. Bowers, Moran, Cebrowski and Winter - Subject to
HB 597, revising the child support guidelines based on an income shares model of calculating child support. (Reps. Moran,
HB 627-FN, relative to "essential benefits" under federal health care reform. (Reps. Hunt, Manuse, Flanders and Schlachman - Subject to
committee meetings
ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION (RSA 282-A:128), Employment Security,
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13),
ADVANCED MANUFACTURING EDUCATION ADVISORY COUNCIL (RSA 188-E:21),
COMMITTEE TO STUDY EXOTIC AQUATIC WEEDS AND SPECIES (RSA 487:30),
COMMITTEE TO STUDY LAWS RELATING TO CONDO AND HOMEOWNERS' ASSOCIATIONS (RSA 356-B:70),
ECONOMIC STRATEGIC COMMISSION TO STUDY THE RELATIONSHIP BETWEEN
EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
COMMERCE AND CONSUMER AFFAIRS (BANKING/BUSINESS DIVISION),
Work session may follow.
EDUCATION,
Executive session may follow.
ELECTION LAW,
Executive session may follow.
ENVIRONMENT AND AGRICULTURE,
Executive session may follow.
ENVIRONMENT AND AGRICULTURE JOINT WITH MUNICIPAL AND COUNTY GOVERNMENT, Rooms 301-303, LOB
Executive session may follow.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
Executive session may follow.
Executive session may follow.
FINANCE, Rooms 210-211, LOB
Executive session may follow.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS,
Executive session may follow.
HOME EDUCATION ADVISORY COUNCIL (RSA 193-A:10),
HOUSE LEGISLATIVE FACILITIES SUBCOMMITTEE (RSA 17-E:2),
JOINT LEGISLATIVE FACILITIES (RSA 17-E:2),
JUDICIARY,
Executive session may follow.
MUNICIPAL AND COUNTY GOVERNMENT,
Executive session may follow.
MUNICIPAL AND COUNTY GOVERNMENT JOINT WITH ENVIRONMENT AND AGRICULTURE, Rooms 301-303, LOB
Executive session may follow.
RESOURCES, RECREATION AND DEVELOPMENT, Rooms 305-307, LOB
<p>
Executive session may follow.
SCIENCE, TECHNOLOGY AND ENERGY,
Full committee work session may follow.
Full committee work session may follow.
Executive session may follow.
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM,
TRANSPORTATION,
Executive session may follow.
SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM,
CHILDREN AND FAMILY LAW JOINT WITH EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Rooms 306-308, LOB
COMMERCE AND CONSUMER AFFAIRS (INSURANCE/CONSUMER PROTECTION DIVISION), Rooms 302-304, LOB
Work session may follow.
COMMISSION TO STUDY BUSINESS REGULATIONS IN
ENVIRONMENT AND AGRICULTURE,
EXECUTIVE DEPARTMENTS AND ADMINISTRATION JOINT WITH CHILDREN AND FAMILY LAW, Rooms 306-308, LOB
EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
Executive session may follow.
HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE, (RSA 126-A:13),
MUNICIPAL AND COUNTY GOVERNMENT,
Executive session may follow.
NH INNOVATION RESEARCH CENTER OVERSIGHT COMMITTEE (RSA 187-A:32),
PUBLIC WORKS AND HIGHWAYS,
Executive session may follow.
REDRESS OF GRIEVANCES,
Work session may follow.
RESOURCES, RECREATION AND DEVELOPMENT,
FISCAL COMMITTEE (RSA 14:30-a), Rooms 210-211, LOB
State of New Hampshire Turnpike System management letter for the fiscal year ended
GUARDIANS AD LITEM BOARD (RSA 490-C:1),
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62),
BOARD OF MANUFACTURED HOUSING (RSA 205-A:25),
COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T:1),
COMMITTEE TO STUDY WATER INFRASTRUCTURE SUSTAINABILITY FUNDING (SB 60, Chapter 245:1, Laws of 2009),
LEGISLATIVE OVERSIGHT COMMITTEE TO MONITOR COMPLIANCE WITH THE REQUIREMENTS FOR ONLINE ACCESS TO BUDGET INFORMATION AND REPORTS (RSA 9-F:2),
COMMERCE AND CONSUMER AFFAIRS,
EDUCATION,
Executive session may follow.
ENVIRONMENT AND AGRICULTURE,
EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
Executive session may follow.
FINANCE/WAYS AND MEANS JOINT WITH SENATE FINANCE AND SENATE WAYS AND MEANS, Rooms 210-211, LOB
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS,
MUNICIPAL AND COUNTY GOVERNMENT,
Executive session may follow.
NH-CANADIAN TRADE COUNCIL (RSA 12-A:2-g), Upham Walker House,
REDRESS OF GRIEVANCES,
Work session may follow.
RESOURCES, RECREATION AND DEVELOPMENT,
SCIENCE, TECHNOLOGY AND ENERGY,
Executive session continued from
WAYS AND MEANS,
Executive session may follow.
WAYS AND MEANS/FINANCE JOINT WITH SENATE FINANCE AND SENATE WAYS AND MEANS, Rooms 210-211, LOB
COMMISSION TO STUDY BUSINESS REGULATIONS IN
COMMISSION TO STUDY THE EFFECTS OF SERVICE-CONNECTED POST-TRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY (RSA 115-D:1),
EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
Executive session may follow.
SHORELAND ADVISORY COMMITTEE (RSA 483-B:21),
STATE FEDERAL RELATIONS AND VETERANS AFFAIRS,
WAYS AND MEANS,
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB
GUARDIANS AD LITEM BOARD (RSA 490-C:1),
OIL FUND DISBURSEMENT (RSA 146-D:4),
COMMISSION TO STUDY BUSINESS REGULATIONS IN
MUNICIPAL AND COUNTY GOVERNMENT,
Executive session may follow.
EDUCATION OF CHILDREN WITH DISABILITIES ADVISORY COMMITTEE (RSA 186-C:3-b),
ADMINISTRATIVE RULES (RSA 541-A:2), Rooms 305-307, LOB
STATE COMMITTEE ON AGING (RSA161-F:7),
EDUCATION,
COMMISSION TO STUDY BUSINESS REGULATIONS IN
COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2),
OFFICIAL NOTICES
County Delegation Notice
Rep.
County Delegation Notice
Rep.
* ** * ** REVISED FISCAL NOTES
The following House Bills and
* ** * ** 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.
Rep.
Rep.
Colleagues who so desire may send cards and greetings to the address listed above.
* ** * ** 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.
* ** * ** The components of the
Reps.
* ** * **
Rep.
* ** * ** All Representatives are invited to the Upham Walker House on
Rep.
* ** * ** All legislators and staff are cordially invited to stop by the State House cafeteria on
Reps.
* ** * ** The next meeting of the
Rep.
* ** * ** The City and
Rep.
* ** * **
Rep.
* ** * ** Legislators are invited to attend a webinar entitled Expanding on the Science: Foundations of
Rep.
* ** * ** UNH LEGISLATIVE LUNCHEON: Members of the General Court and staff are invited to join UNH President
Rep.
* ** * ** All are welcomed to Representative Burt's Hot Dog Day,
Rep.
* ** * ** All members of the House are invited to the first annual Technology Showcase presented by the
Rep.
* ** * ** The Vesta Roy Excellence in Public Service Series Spring Mixer will be held on Thursday,
TNS aa88aa88 120406-mv45-3832387
| Copyright: | (c) 2012 Targeted News Service |
| Wordcount: | 9926 |
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