February 23, 1999

No. 9

FINANCE & WAYS AND MEANS, Room 103, SH

9:00 a.m. HB 112-FN-A, increasing the tabacco tax and imposing the tax on all types of tobacco products.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. SB 83, relative to the regulation of the practice of veterinary medicine.

1:20 p.m. SB 89-L, relative to library trustees.

1:40 p.m. SB 113, establishing a division of travel and tourism development within the department of resources and economic development.

2:00 p.m. SB 136-FN, allowing certain state employees to take paid leave to participate in disaster relief service work.

FINANCE & WAYS AND MEANS, Room 103, SH

9:00 a.m. HB 112-FN-A, increasing the tabacco tax and imposing the tax on all types of tobacco products.

INSURANCE, Room 105-A, SH

8:30 a.m. SB 115, relative to participation by certain judges in the state employee group health and dental insurance plans.

9:00 a.m. SB 32, relative to an employer exemption under the unemployment compensation laws.

9:30 a.m. SB 63, relative to applicability of workers' compensation to persons employed by 2 or more employers.

9:50 a.m. SB 96, relative to pre-approval of payment of medical services by workers' compensation insurers.

10:30 a.m. SB 161-L, amending the contributory pension system for employees of the city of Manchester.

11:00 a.m. SB 52, requiring insurance coverage for infertility treatments.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. SB 53-FN, relative to licensure of physicians providing teleradiology services in this state.

1:20 p.m. SB 60, establishing a committee to study the licensure of radiographers and radiologic technicians.

1:35 p.m. SB 65, establishing a study committee to review field activities conducted by the department of health and human services relative to children, youth and families.

1:50 p.m. SB 140, relative to ear piercing.

2:05 p.m. SB 100-FN-A-L, establishing a pilot program to provide homeless people with free meals in exchange for volunteer work and continually appropriating certain funds for this purpose.

TRANSPORTATION, Room 104, LOB

2:45 p.m. SB 34, requiring at least two crew members on trains.

3:15 p.m. SB 75, relative to out-of-state boats.

3:45 p.m. SB 87, relative to the authority of the auxiliary marine patrol.

BANKS, Room 103, LOB

8:30 a.m. SB 11-FN, relative to the filing fee for securities in a combined prospectus offered for sale in New Hampshire by a mutual fund.

9:15 a.m. SB 81, permitting the city of Manchester to issue bonds to finance unfunded liability of the city's employee retirement system.

9:45 p.m. SB 97, relative to testamentary trusts which are institutional funds.

EDUCATION, Room 105-A, SH

8:30 a.m. SB 77, relative to authorized regional enrollment area schools.

8:50 a.m. SB 117, relative to the duties of the board of trustees of the community-technical college system.

9:10 a.m. SB 129-L, requiring towns to disclose any reimbursements received to offset special education expenditures.

9:30 a.m. SB 119, relative to the withdrawal of a pupil from school.

FINANCE & WAYS AND MEANS, Room 103, SH

9:00 a.m. HB 112-FN-A, increasing the cigarette tax and imposing the tax on all types of tobacco products.

JUDICIARY, Room 102, LOB

10:15 a.m. SB 189-FN, relative to the establishment of a civil rights act.

11:15 a.m. SB 56, amending the law relative to who may adopt.

11:45 a.m. SB 57, permitting challenges to judges.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 17, relative to funeral arrangements.

1:20 p.m. HB 54, allowing simultaneous service of a demand for rent and a notice to quit.

1:30 p.m. HB 284-L, relative to recount procedures in school districts.

2:00 p.m. SB 94, relative to absentee voter affidavits.

2:15 p.m. SB 101, relative to landlord-tenant obligations.

WILDLIFE & RECREATION, Room 101, LOB

2:45 p.m. SB 30, relative to the cruelty to animals law.

3:10 p.m. SB 59-L, relative to bonding of animal owners convicted of animal cruelty.

3:30 p.m. SB 92-FN, relative to education grants funded by the companion animal neutering fund.

ENVIRONMENT, Room 104, LOB

1:00 p.m. SB 68, establishing minimum 400 foot zones around sensitive areas from application of herbicides.

2:00 p.m. SJR 1, supporting the reduction of the sulfur content of gasoline.

2:30 p.m. SB 135-FN, relative to the water supply land protection grants.

3:00 p.m. SB 132, requiring the removal of the telecommunications tower on Mount Kearsarge.

INTERNAL AFFAIRS, Room 103, LOB

2:45 p.m. SB 23, urging the President and Congress to extend the Older Americans Act for a 3-year period.

3:15 p.m. SB 124, establishing a committee to study the integration of technology at the state and municipal level.

3:30 p.m. CACR 20, relating to the election of governor and senators. Providing that beginning with the 2002 general election, and every 4 years thereafter, the governor and senators shall be elected.

FINANCE, Room 103, SH

9:00 a.m. SB 203-FN-A-L, authorizing electronic games of chance at racetracks.

FINANCE, Room 103, SH

8:30 a.m. SB 49-FN-A-L, relative to establishing the cost of an adequate education, and relative to creating a commission to study the methodology used in establishing the cost of an adequate education, and making an appropriation therefor.

JUDICIARY, Room 306-308, LOB

10:00 a.m. SB 44-FN, relative to physician aid-in-dying for certain persons suffering from a terminal condition.

PUBLIC AFFAIRS, Representatives Hall, SH

8:30 a.m. SB 80, relative to adding the name of Martin Luther King, Jr. to Civil Rights Day.

WILDLIFE & RECREATION, Room 101, LOB

9:00 a.m. SB 47-FN, relative to compensation for time lost by fish and game conservation officers for injuries received in the line of duty, and restoring certain leave time for a conservation officer injured while on duty on August 19, 1997.

9:20 a.m. SB 154, relative to wildlife species under the endangered species conservation act.

10:00 a.m. SB 144, relative to qualifications for members of the fish and game commission.

BANKS, Room 103, LOB

8:30 a.m. SB 99, allowing the same rates and charges on small loans under $l,500 as is allowed for small loans over $l,500.

9:00 a.m. SB 123, allowing nontestamentary transfer on death of mutual fund shares under the uniform transfer on death (TOD) security registration act.

9:30 a.m. SB 27, relative to assessment fee schedules for trust companies and banks.

EDUCATION, Room 105-A, SH

8:30 a.m. SB 170-FN-A, establishing a parents as teachers pilot program in Sullivan county and making an appropriation therefor.

8:50 a.m. SB 152-L, relative to the procedures for establishing a charter school.

9:10 a.m. HB 231, relative to approval of applications in the charter schools pilot program.

9:30 a.m. HB 295-FN-L, relative to alternative kindergarten programs in cooperative school districts.

JUDICIARY, Room 102, LOB

10:15 a.m. SB 66, relative to structured settlements.

10:30 a.m. SB 88-FN, relative to penalties for third driving while intoxicated offenses.

10:50 a.m. SB 98, relative to a counselor's duty to report child abuse.

11:30 a.m. SB 121, requiring reports to the department of justice following certain DWI arrests and refusals to take alcohol concentration tests.

11:50 a.m. SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence.

WILDLIFE & RECREATION, Room 101, LOB

2:45 p.m. SB 62-FN-A-L, relative to the acquisition of Umbagog Lake Campground in Cambridge, New Hampshire, and making an appropriation therefor.

3:15 p.m. SB 142, establishing a process for appeal of decisions of the executive director of fish and game.

ENVIRONMENT, Room 104, LOB

1:00 p.m. SB 72, exempting certain portions of Seabrook Beach Village District and certain portions of Hampton Beach from certain provisions of the excavating, filling, and construction permit laws.

1:30 p.m. SB 70, changing the safe drinking water standard for MTBE.

2:00 p.m. SB 71, establishing a ban on MTBE in gasoline as of January 1, 2000.

3:00 p.m. SB 91, designating segments of the Cold River as protected under the rivers management and protection program.

WILDLIFE & RECREATION, Room 306-308, LOB

9:00 a.m. SB 46-FN, relative to the applicability of mooring permit requirements.

11:00 a.m. SB 145-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. SB 174, relative to the regulation of telemarketers.

1:30 p.m. SB 180, establishing a committee to study the improvement of employment opportunities offered by the state of New Hampshire for persons with disabilities.

1:50 p.m. SB 181-FN, relative to the licensure of geologists.

INSURANCE, Room 103, SH

8:30 a.m. SCR 2, urging the President and Congress to strengthen the finances of Social Security.

8:50 a.m. SB 107, relative to fees for examination of domestic societies.

9:15 a.m. SB 114, relative to health care carrier disclosure of third party liability.

9:35 a.m. SB 58, allowing clinical mental health counselors to obtain third party payment for services rendered which would otherwise qualify for such payments.

10:00 a.m. SB 177, allowing marriage and family therapists to obtain third party payments for services rendered which would otherwise qualify for such payments.

10:25 a.m. SB 55, relative to health insurance for persons who use tobacco products.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. SB 120, relative to the health services planning and review board.

1:30 p.m. SB 134-FN, relative to medicaid reimbursement rates and dental care.

2:00 p.m. SB 137-FN, relative to use of social security numbers in child support enforcement and in the issuance of driver's licenses.

2:30 p.m. SB 84, relative to eligibility for welfare benefits.

2:45 p.m. SB 128, replacing the housing assistance fund trust fund with a homeless prevention fund.

TRANSPORTATION, Room 104, LOB

2:45 p.m. SB 155, relative to the naming of certain bridges in the city of Concord.

JUDICIARY, Room 102, LOB

10:15 a.m. SB 125, prohibiting prison inmates and persons on probation or parole from changing their names.

10:25 a.m. SB 126, requiring approval of the superior court or, in the case of workers' compensation, the labor commissioner, as a precondition to transfer of any structured settlement payment rights.

10:40 a.m. SB 109, deleting the witnessing requirement for notices of lease.

10:50 a.m. SB 110, allowing for discharges of mortgages by affidavit of a New Hampshire attorney.

11:00 a.m. SB 111, relative to requirements for acknowledgements and jurats by justices of the peace.

11:10 a.m. SB 112, relative to the guardianship of minors.

11:45 a.m. SB 130, establishing a committee to study issues regarding procedures and standards for selection and supervision of court-appointed guardians ad litem.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 116, eliminating straight ticket voting.

1:30 p.m. SB 157, clarifying that a prisoner's right to vote absentee is in his or her town or city of former residence.

2:00 p.m. HB 227, establishing a committee to study the maintenance of voter checklists.

2:10 p.m. HB 228, clarifying permissible political expenditures.

WILDLIFE & RECREATION, Room 101, LOB

2:45 p.m. SB 160, establishing a committee to study and identify or establish the duties of the fish and game commission.

ENVIRONMENT, Room 104, LOB

1:00 p.m. SB 195-FN-A, appropriating funds for sludge testing.

1:30 p.m. SB 178-FN-A, appropriating funds for mitigation relative to the dredging of little Harbor.

1:50 p.m. HB 249, relative to the membership of the rivers management advisory committee.

2:10 p.m. HB 93, permitting a dam to be constructed on Rand Pond in Goshen.

2:30 p.m. HB 207-FN-A, directing the office of state planning to conduct a study of the effects of sprawl in the state and making an appropriation therefor.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB 60, relative to meetings of the ballot law commission.

1:20 p.m. HB 75, changing the number required for a quorum on the commission for human rights.

1:40 p.m. HB 248, relative to the Monadnock advisory commission.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. SB 169-FN-A, establishing a commission to study the department of health and human services and making an appropriation therefor.

1:20 p.m. SB 150, making certain reference changes to the department of youth development services.

1:40 p.m. SB 164, relative to persons exempted from the registration of ophthalmic dispensers.

1:55 p.m. SB 149-FN, regulating the practice of hypnotherapy.

TRANSPORTATION, Room 104, LOB

2:45 p.m. sb 156, granting the commissioner of transportation authority to layout and approve the construction of a restricted use driveway onto a public highway.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES, Room 102, LOB

1:00 p.m. SB 171-FN, relative to homelessness in New Hampshire.

1:20 p.m. SB 176-FN-A, relative to technology support for individuals and making an appropriation therefor.

1:45 p.m. SB 69-L, relative to healthcare charitable trusts and community benefits.

2:15 p.m. SB 108, relative to the dispensing of medications by optometrists.

TRANSPORTATION, Room 104, LOB

2:45 p.m. HB 245-FN, relative to fees and appropriations to the division of safety services.

3:00 p.m. SB 179-FN, allowing for motor vehicle license suspension or revocation for certain minors.

TRANSPORTATION, Room 104, LOB

2:45 p.m. HB 92, exempting permanently disabled veterans from the requirement of reestablishing their disability status for the division of motor vehicles every 4 years to prove eligibility for special license plates.

3:00 p.m. HB 244, relative to the corporate charter of the Laconia Airport Authority.

FISCAL COMMITTEE OF THE GENERAL COURT (RSA 14:30-a,I) Room 210-211, LOB

8:30 a.m. Regular Business

9:00 a.m. Audits: New Hampshire Retirement System Comprehensive Annual Financial Report For The FY Ended June 30, 1998; New Hampshire Retirement System Management Letter For The Year Ended June 30, 1998; Single Audit of Federal Financial Assistance Programs For The Year Ended June 30, 1998

THE DEPARTMENT OF TRANSPORTATION Somersworth High School, Memorial Drive, Somersworth

6:30 p.m. Technical Advisory Task Force (Exit 10 Study, Spaulding Turnpike)

THE DEPARTMENT OF TRANSPORTATION Senior Center Depot Street, Plymouth

7:00 p.m. Public Informational Meeting (NH Route 175A)

WORKER'S COMPENSATION ADVISORY (RSA 281-A:62) Room 306, LOB

9:00 a.m. Regular Meeting

NEW Hampshire CONSERVATION NUMBER PLATE (RSA 261:97-d) Room 203, LOB

9:00 a.m. Regular Meeting

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

9:30 a.m. Meeting

THE DEPARTMENT OF TRANSPORTATION Town Hall, 12 School Street, Hudson

7:00 p.m. Public Informational Meeting (NH Route 3A)

NEW Hampshire COMMISSION ON THE SMITHSONIAN FESTIVAL OF AMERICAN FOLKLIFE (SJR 20, Chapter 204, 1996) Room 205, LOB

3:00 p.m. Regular Meeting

THE DEPARTMENT OF TRANSPORTATION Londonderry Senior High School Cafeteria, 256 Mammoth Road, Londonderry

7:00 p.m. Public Hearing (Wetland Mitigation Sites In Londonderry & Salem)

JOINT COMMITTEE ON ADDRESS Room 208, LOB

3:00 p.m. Organizational Meeting (HA1, for the removal of David A. Brock, chief justice of the New Hampshire supreme court, from his said office)

THE DEPARTMENT OF TRANSPORTATION Bristol Town Hall, Downstairs Conference Room, 230 Lake Street, Bristol

7:00 p.m. Public Informational Meeting (NH 3A)

THE DEPARTMENT OF TRANSPORTATION Kingston Town Hall, Main Hall, 163 Main Street, Kingston

7:00 p.m. Combined Public Officials Meeting (NH 125 Intersection With New Boston Road)

THE DEPARTMENT OF TRANSPORTATION Belmont High School Cafeteria, Seavey Road, Belmont

7:00 p.m. Advisory Task Force Meeting (NH 140 Study)

THE DEPARTMENT OF TRANSPORTATION Effingham Town Hall, Town House Road, State Route 153

7:30 p.m. Public Informational Meeting (NH Route 143 Over Ossipee River)

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

8:30-5:00 Regular Meeting

PERINATAL CHEMICAL DEPENDENCY COMMITTEE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

DEVELOPMENTAL DISABILITY WAITLIST FUND (RSA 171-A:1-b) Room 207, LOB

12:30 p.m. Regular Meeting

NEW Hampshire BRAIN & SPINAL CORD INJURY ADVISORY COUNCIL (RSA 137-K:2) Room 205, LOB

2:00-4:00 Regular Meeting

CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2) Room 201, LOB

8:30 a.m. Regular Meeting

OSTEOPOROSIS ADVISORY COUNCIL (RSA 126-I:3) Room 205, LOB

9:00-12:00 Meeting

FOSTER CARE SYSTEM TASK FORCE STUDY COMMITTEE (SB 346, Chapter 277:1, 1998) Room 101, LOB

1:30-2:30 p.m. Meeting

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

1:30 p.m. Regular Meeting & Updates By Ronald Adcock, Ombudsman

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE (RSA 17-M:1) Room 201, LOB

8:30 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

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

9:30 a.m. Meetings

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 103, LOB

9:00-12:00 Meeting

NEW Hampshire COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2) Room 103, SH

9:30-12:00 Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 103, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

OSTEOPOROSIS EDUCATION & ADVISORY COUNCIL (RSA 126-I:3) Room 103, LOB

9:00-12:00 Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Room 306-308, LOB

9:00 a.m. Meeting

Legislators For Limited Spending Will Meet At 8:30 a.m. At The Upham Walker House on: Tuesday, March 2^nd, Tuesday, March 16^th, and Tuesday, March 30^th.

Senator Mary Brown

Senators And Staff Are Cordially Invited To Attend The 1999 Legislative Reception Sponsored By The New Hampshire Lodging & Restaurant Association. Time: 5 to 8 p.m. Date: Tuesday, March 2, 1999, Place: Executive Courtyard Conference Center, 1199 South Mammoth Road, Manchester, NH RSVP: 228-9585.

Senator Clesson Blaisdell

The 1999 Legislative Ski Day Will Be Held At Loon Mountain On Monday, March 8, 1999. Ski NH Is Joining Forces With The New Hampshire Automobile Dealers Association Charitable Foundation To Raise Money For Their Keep Kids S.A.F.E.

The Keep Kids S.A.F.E. Program (Safety Awareness For Everyone) Is A Cooperative Effort Of The NHADA Charitable Foundation And WMUR-TV To Raise Public Awareness Concerning The Health, Safety, And Health, Safety And Welfare Of Children And Families.

Keep Kids S.A.F.E. Is To Provide Free KIDS AND COMPANY: Together For Safety Child Safety Curriculums To Every Elementary School In New Hampshire (Public And Private) That Commits TO Its Implementation. KIDS AND COMPANY Is The Child Safety Curriculum Of The National Center For Missing And Exploited Children.

Legislative Ski Day Is A Chance For State Legislators To See How A Ski Area Is Run, As Well As An Opportunity To Get Out And Make Some Turns. The Day's Events Will Include Snowmaking And Grooming Tours, Shaped Ski, Snowboard, And Race Clinics, A Dual Slalom Race, And An Apres Race Party/Award Cermony.

Ski NH Is The Statewide Association Representing 35 Alpine And Cross Country Ski Resorts And Nine Lodging Bureaus. For More Information On Legislative Ski Day, Call Ben McLeod At Ski NH At (800) 88-SKI-NH Ext. 82 (800-887-5464) Or E-mail Him At ben@skinh.com. On Line Surfers Can Check Out The Ski NH Web Site At www.skinh.com.

Senator Fred King

As Has Been The Custom (With The Exception Of Last Year), The University Of New Hampshire Would Like To Invite All Members Of The Senate To Attend A Breakfast For The Purpose OF Being Briefed On The University System Of New Hampshire Issues.

The Breakfast Will Be Held On Thursday, March 11, From 7:30-9:00 a.m. At The Eagle's Nest Restaurant Located At One Eagle Court In Concord.

Doctor Joan Leitzel, President Of The University Will Be Making A Few Comments And Be Available To Answer Any Questions Legislators May Have. The University Alumni Trustees Will Be In Attendance As Well.

Senator Clesson Blaisdell

The Salem Boys & Girls Club Is Hosting The Annual John P. Ganley Saint Patrick Luncheon On Wednesday, March 17^th, beginning at 11:45 a.m. At The Club. All Senators Are Cordially Invited To Attend.

Senator Clesson Blaisdell

No. 99-086, Request of the Senate for an Opinion of the Justices (Tax Plan Referendum)

The following request of the senate for an opinion of the justices was adopted and filed with the supreme court on February 11, 1999:

SENATE RESOLUTION 1

Whereas, Senate Bill 51-FN-A-LOCAL, "An act establishing a referendum for a new taxation plan to fund public education," is presently pending in the senate; and

Whereas, Part I, Article 28 of the Constitution of New Hampshire states: "No subsidy, charge, tax, impost, or duty, shall be established, fixed, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body," N.H. CONST. pt. I, art. 28 (emphasis added); and

Whereas, in Claremont School District v. Governor, 142 N.H. 462 (1997) (Claremont II), the New Hampshire Supreme Court held that the current school tax as presently structured is disproportionate and unreasonable in violation of the Constitution of New Hampshire; and

Whereas, the decision in Claremont II necessitates a major change in the tax structure of the state of New Hampshire that will have a substantial impact on the people of New Hampshire; and

Whereas, Senate Bill 51-FN-A-LOCAL establishes a procedure whereby the legislature may submit a question regarding the imposition of statewide taxes for the funding of a constitutionally adequate education to the vote of the people by ballot and would allow the New Hampshire people to choose among tax plans enacted by the legislature; and

Whereas, that portion of Part I, Article 28 stating "without the consent of the people, or their representatives" appears to reserve a right for the people of New Hampshire to consent to taxation, and that this

right is distinct from and in addition to the authority of the legislature to establish taxes; and

Whereas, Part II, Articles 2 and 5 of the Constitution of New Hampshire generally vest the power and authority to enact laws in the New Hampshire Senate and House of Representatives; and

Whereas, a public hearing has been held before the senate committee on public affairs on SB 51-FN-A-LOCAL, and a question has been raised as to whether a referendum to secure the consent of the people as to a tax plan enacted by the legislature, offered under the apparent right vested in the people in Part I, Article 28, is precluded by the power and authority vested in the legislature under Part II, Articles 2 and 5; and

Whereas, SB 51-FN-A-LOCAL raises an important question of law awaiting further consideration and action in the New Hampshire Senate; now, therefore, be it

Resolved by the Senate:

That the Justices of the Supreme Court be respectfully

requested to give their opinion as expeditiously as possible on the following questions of law:

1. Would the process contained in SB 51-FN-A-LOCAL,

providing for a referendum enabling the New Hampshire people to choose a tax plan enacted by the legislature to fund a constitutionally adequate public education, based on the authority and right of Part I, Article 28, be in any way repugnant or contrary to the Constitution of New Hampshire?

2. Would the process contained in SB 51-FN-A-LOCAL,

providing for a referendum enabling the New Hampshire people to choose a tax plan enacted by the legislature to fund a constitutionally adequate public education be an unconstitutional delegation of legislative authority that is repugnant or contrary to the Constitution of New Hampshire?

That the clerk of the senate transmit copies of this

resolution and SB 51-FN-A-LOCAL, as introduced, to the Justices of the New Hampshire Supreme Court.

Typewritten memoranda on the questions presented by the request may be furnished by any legislator, attorney, organization, interested party, or member of the public on or before March 1, 1999. An original and twelve copies of any memorandum must be filed with the clerk's office.

Date: February 12, 1999 _________________________

Howard J. Zibel, Clerk

Distribution:

President of the Senate

Senate Majority Leader

Senate Minority Leader

Clerk of the Senate

Speaker of the House

House Majority Leader

House Minority Leader

Clerk of the House of Representatives

Governor and Council

Legislative Services

Press

Union Leader

NH Bar Association

File