March 31, 2000

No. 20

HB 312, (New Title) relative to the carrying of firearms in courthouses.

HB 723-FN, relative to standby and emergency guardianship proxies.

SB 132, requiring the removal of the telecommunications tower on Mount Kearsarge.

SB 203, authorizing electronic games of chance at racetracks.

SB 218-FN-L, regulating the land application of sewage sludge.

SB 329, relative to the display of tobacco products.

SB 337-FN, (New Title) requiring any person applying for or renewing a driver's license to be checked through the National Crime Information Center (NCIC) for outstanding warrants or court defaults, as a precondition to issuance, and authorizing interest penalties on unpaid violations.

SB 365-L, [New Title]relative to the adoption of bonds or notes in school districts and municipalities.

SB 406, clarifying water pollution control restrictions.

SB 429-FN, relative to claims before the state commission for human rights.

SB 433, relative to the age at which a minor may purchase or possess handguns and ammunition.

SB 462-FN-A-L, establishing a reformed public school financing system for ensuring educational adequacy for all children, and establishing a state public education assistance system funded solely with state tax revenues, and making an appropriation therefor.

ENVIRONMENT, Room 104, LOB

10:30 a.m. HB 648-FN, relative to a sludge testing program.

10:50 a.m. HB 1416-FN, establishing a brownfields cleanup revolving loan fund.

11:10 a.m. HB 1258-FN, relative to invasive plant, insect, and fungal species.

11:30 a.m. HB 1235, (New Title) relative to defining suface waters.

11:50 a.m. HB 1127, establishing a committee to study the application and appeal procedures for excavating and dredging permits.

12:10 p.m. SB 460-FN, establishing a grant program to reimburse eligible districts served by municipal waste combustors.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB1583, increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics.

1:20 p.m. HB 1172, providing staggered terms for agricultural advisory board members.

1:40 p.m. HB 1234, (New Title) relative to special commissions to perform marriages in New Hampshire.

2:00 p.m. HB 1321, relative to certain funds collected by order of the public utilities commission.

FINANCE, Room 103, SH

12:00 p.m. SB 401-FN-A-L, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor.

INSURANCE, Room 103, SH

9:00 a.m. HB 1282, establishing a committee to study the possibility of self-insuring state employees.

9:30 a.m. HB 1326, relative to managed care programs under workers' compensation.

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

1:00 p.m. HB 405-FN, (2nd New Title) relative to the annual funding of placement costs for juvenile diversion and alternative disposition programs and relative to an effectiveness study of such programs.

2:00 p.m. HB 1337, repealing the New Hampshire foundation for mental health.

TRANSPORTATION, Room 104, LOB

3:00 p.m. HB 1106, making the widening of Interstate 93 from Manchester to the Massachusetts border a state priority.

3:20 p.m. HB 505-FN, establishing a special license plate for veterans.

3:40 p.m. HB 1268, relative to certain vehicle registrations.

EDUCATION, Room 105-A, SH

9:00 a.m. HB 413, relative to the renovation of regional vocational education centers, and making an appropriation therefor.

JUDICIARY, Room 103, SH

10:00 a.m. HB 522, relative to the public's access to sex offender registry information.

10:35 a.m. HB 297-FN, (New Title) permitting a jury trial in the superior court for alleged violations of the state law against discrimination for a certain time period or with the written assent of the commission for human rights after an action has been filed with the commission.

11:15 a.m. HB 1239, relative to durable powers of attorney.

INTERNAL AFFAIRS, Room 103, LOB

2:45 p.m. HB 1368-FN, establishing a Civil War memorials commission for the construction and maintenance of New Hampshire Civil War monuments and memorials.

3:15 p.m. HB 1573, (New Title) relative to the funding of the salary of the director of emergency medical services and making an appropriation therefor.

WAYS AND MEANS, Room 103, SH

9:00 a.m. HB 1113, raising the maximum price for lucky 7 tickets.

9:15 a.m. HB 1405, exempting 50/50 raffles from the laws regulating games of chance.

9:30 a.m. SB 465-FN-L, relative to the definition of "sugar orchard" for purposes of the timber yield tax.

9:45 a.m. HB 1202-L, (New Title) making technical corrections to 1999, 17 as amended and relative to fixing and mailing procedures in the administration and appeal of state and local taxes.

ENVIRONMENT, Room 104, LOB

9:00 a.m. HB 1185, extending the report date of the committee established to study mercury source reduction and recycling issues to November 1, 2000.

9:15 a.m. HJR 25, urging the United States Secretary of Agriculture, the Director of the Drug Enforcement Administration, and the Director of the Office of National Drug Control Policy to revise regulations to permit the controlled, experimental cultivation of industrial hemp in New Hampshire.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB 1160, relative to access to the enhanced 911 system.

1:30 p.m. HB 1450-FN, (New Title) relative to hearings and appeals of equal pay claims.

2:00 p.m. HB 1535-FN, (New Title) relative to creation of a commission to study the state's increasing appellate caseload and solutions to the increasing appellate caseload.

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

1:00 p.m. HB 1272, allowing school nurses to possess and administer epinephrine for certain emergency treatment.

2:00 p.m. HB 427, relative to the laws requiring a prescription to possess hypodermic needles and modifying the drug paraphernalia laws applying to syringes.

2:30 p.m. HB 1390, (New Title) establishing a commission to study the relationship between public health and the environment.

TRANSPORTATION, Room 104, LOB

2:45 p.m. HB 1357-FN, relative to the sale of state-owned property in the towns of Belmont and Laconia.

3:00 p.m. HB 1322, relative to the regulation of certain outdoor advertising devices.

3:20 p.m. HB 1143-FN, relative to renaming New Hampshire route 28 in the town of Wolfeboro as the "Gary Parker Memorial Highway."

BANKS, Room 103, LOB

8:30 a.m. HB 1373, relative to payments of first and second mortgage home loans.

EDUCATION, Room 105-A, SH

8:30 a.m. HB 1316-L, prohibits school districts from using disbursements from the education trust fund as unanticipated revenue.

8:50 a.m. HB 1191-FN-L, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas.

INTERSTATE COOPERATION, Room 103, LOB

2:45 p.m. SCR 5, urging the New England states and New York to consider cooperative strategies to address the challenge of the high cost of prescription medicines.

3:00 p.m. HCR 33, establishing a joint New Hampshire-Vermont legislative cooperative effort regarding the Connecticut river.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. HB 1194, relative to the composition of planning boards in certain cities.

1:15 p.m. HB 1582, (New Title) establishing a committee to study workplace policies and practices of small businesses for their effect on New Hampshire employees and their families.

1:30 p.m. HB 1327, relative to residency of prisoners for purposes of voter registration.

2:00 p.m. HB 1331, relative to campaign contributions by corporations.

JUDICIARY, Room 306-308, LOB

Rescheduled HB 1548-FN, abolishing the death penalty.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. SB 467, relative to the exemption from regulation of certain elevating devices.

1:20 p.m. HB 1422-FN, relative to the composition of and procedures for the appellate board of the department of employment security.

1:40 p.m. HB 1382-FN, making it a felony for inmates to harass corrections personnel and others by propelling bodily fluids.

2:10 p.m. HB 1253, establishing a 4-year term for the commissioner of the department of corrections.

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

1:00 p.m. HB 1607, establishing a study committee to consider legislation reducing to zero the number of mentally retarded or developmentally disabled individuals in the state who are not receiving or have not received medicaid services.

2:00 p.m. HCR 24, relative to integration of people with disabilities.

JUDICIARY, Room 306 - 308, LOB

10:00 a.m. HB 1548-FN, abolishing the death penalty.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 101, LOB

1:00 p.m. HB 1404, (New Title) creating a study committee to address mechanisms for the preservation or disposal of state records.

1:15 p.m. HB 1406, relative to transition service.

1:30 p.m. HB 1483, (New Title) establishing a committee to study the application of non-conventional veterinary procedures for domestic animals.

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

1:00 p.m. HB 310, (New Title) providing that the department of agriculture, markets, and food shall not conduct meat inspections unless and until such time as the United States Department of Agriculture withdraws its meat inspection program from the state.

1:30 p.m. HCR 20, urging Congress to stop the collection of certain kinds of information from patients in a home health care setting.

2:00 p.m. HB 1464, relative to the licensing process for new health care facility construction.

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

1:00 p.m. HB 1579-FN, (New Title) establishing certain penalties for violations of the youth tobacco laws and clarifying a definition under the indoor smoking act.

2:00 p.m. HB 1602-FN, establishing the New Hampshire task force on deafness and hearing loss.

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

1:00 p.m. HJR 20, urging the United States Congress to fully fund the Ricky Ray Hemophilia Relief Fund Act for HIV victims.

1:30 p.m. HB 1139, establishing a committee to study involuntary emergency admission hearings.

2:00 p.m. HB 1319, extending the reporting date of the committee studying negotiated risk agreements and requiring the department of health and human services to conduct a study.

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

1:00 p.m. HB 1541-L, relative to the cremation of deceased persons.

1:20 p.m. HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections.

COMMISSION ON THE STATUS OF COMMUNITY- TECHNICAL EDUCATION (SB 503, Chapter 272:35 - Laws of 1998) Room 207, LOB

10:00 a.m. Regular Meeting

SEED STERILIZATION OR "TERMINATOR" TECHNOLOGY STUDY (HB 291, Chapter 282, Laws 1999) Room 303, LOB

1:00 p.m. Regular Meeting

SUBCOMMITTEE OF THE FISCAL COMMITTEE OF THE GENERAL COURT FOR REQUESTING PROPOSALS OF TAX SIMULATION & FORECASTING MODELS Room 102, LOB

2:30-4:30 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Colebrook Town Hall Court Room 10 Bridge Street Colebrook, NH - Colebrook, 13255 Replacement of 3 Bridges Along 3 sections of NH 26

7:00 p.m. Public Info Meeting

JOINT LEGISLATIVE FACILITIES (RSA 17-E:2) Room 201, LOB

11:00 a.m. Regular Meeting

ROUTES 11 AND 140 UPGRADE STUDY (HB 541, Chapter 145, Laws 1999) Belmont Middle School Cafeteria.

7:00 P.M. Regular Meeting

FISCAL COMMITTEE OF THE GENERAL COURT Room 210-211, LOB

9:00a.m. Regular Business

9:30 a.m. Audit:

Sweepstakes Commission Management Letter for the Year Ended June 30, 1999

NH CANADIAN TRADE COUNCIL (RSA 12-A:2-g) Room 9, SH

10:00 a.m. Regular Meeting

SULLIVAN COUNTY REGIONAL REFUSE DISPOSAL DISTRICT ISSUES (HB 379, Chapter 201, Laws of 1999) Room 301, LOB

1:00 p.m. Regular Meeting

USES OF THE WHITE MOUNTAIN NATIONAL FOREST STUDY (HB 431, Chapter 142:2 Laws of 1999) Room 103, SH

2:00 p.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting - Speakers will be NH Cares & Citizens for Fair Education Funding

NH DEPARTMENT OF TRANSPORTATION Meredith Fire Stn. Conference Room 286 D.W. Hwy (Rte 3) Meredith, NH - Meredith, 11386 Alterations to US Rt. 3 & Parade Road

7:00 p.m. Public Hearing

ADEQUATE EDUCATION & EDUCATION FINANCING (RSA 198:49,I) Room 210-211, LOB

9:30 a.m. Regular Meeting

CAPITAL BUDGET Room 103, SH

12:00 p.m. Presentation / slide show of USNH Capital Projects all Senators and House Public Works committee members are invited to attend. Bring your lunch - Coffee and Dessert will be provided.

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

TAX EQUITY AND EFFICIENCY COMMISSION (HB 117, Chapter 17:55, Laws of 1999) Rooms 210-211, LOB

1:30 p.m. Regular Meeting

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE Room 201, LOB

8:30 a.m. Regular Meeting

UPDATING NH LAWS RELATED TO FENCES STUDY (HB 1154, Chapter 62, Laws of 1998) Room 301, LOB

1:00 p.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Nashua - Auditorium

7:30-9:30 p.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING (RSA 198:49,I) Room 210-211, LOB

9:30 a.m. Regular Meeting

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT (RSA 171- A: 1-B) Room 206, LOB

9:30 a.m. Regular Meeting

WOMEN'S HEALTH CARE STUDY (HB 214, Chapter 42, Laws of 1999) Room 302, LOB

10:00 a.m. Regular Meeting

TAX EQUITY AND EFFICIENCY COMMISSION (HB 117, Chapter 17:55, Laws of 1999) Rooms 210-211, LOB

1:30 p.m. Regular Meeting

LAND USE MANAGEMENT AND PROTECTION OF FARMLAND, RURAL CHARACTER AND ENVIRONMENTAL QUALITY AND SPRAWL STUDY (HB 288 Chapter 23:3, Laws of 1999) Room 302, LOB

2:00 p.m. Regular Meeting

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Dover City Hall Auditorium 288 Central Avenue Dover, NH - Dover- Rollinsford, 13063 Oak Street intersection with Broadway and Rollins Road in the City of Dover and Town of Rollinsford

7:00 p.m. Public Hearing

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

ADEQUATE EDUCATION & EDUCATION FINANCING (RSA 198:49,I) Room 210-211, LOB

9:30 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Continuation Meeting From Friday, April 21, 2000

SENATE FISCAL TASK FORCE COMMITTEE Room 103, SH

3:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Stratford Town Hall Route 3 Stratford, NH - Stratford 13005A U.S. Route 3 near Hollow Road

7:00 p.m. Public Hearing

ADEQUATE EDUCATION & EDUCATION FINANCING (RSA 198:49,I) Room 210-211, LOB

9:30 a.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION Wolfeboro Public Library PO Box 710 259 S. Main Street Wolfeboro, NH - Wolfeboro 12358 NH Route 28/ NH Route 109 (Center St.) Bridge #112/110 over Smith River

7:00 p.m. Public Hearing

WORKERS' COMPENSATION ADVISORY BOARD (RSA 281- A:62) Room 306, LOB

9:00-10:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

UPDATING NH LAWS RELATED TO FENCES STUDY (HB 1154, Chapter 62, Laws of 1998) Room 301, LOB

1:00 p.m. Regular Meeting

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

9:00-11:00 a.m. Regular Meeting

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

1:00 p.m. Regular Meeting

WELLNESS PREVENTION COUNCIL (RSA 126-M:3) Room 205, LOB

3:00-4:00p.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

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

9:00-11:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

UPDATING NH LAWS RELATED TO FENCES STUDY (HB 1154, Chapter 62, Laws of 1998) Room 301, LOB

1:00 p.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

PERINATAL ALCOHOL TOBACCO AND OTHER DRUG USE TASK FORCE (RSA 132:19) Room 101, LOB

9:00 a.m. Regular Meeting

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES, Rooms 306-308, LOB

9:00 a.m. Regular Meeting

Applications are available for the New Hampshire Order of Women Legislators Scholarship. Your constituents may pick them up in their college's financial aid office or you may get them from the House Secretarial Services Office on the 4^th floor of the LOB. New Hampshire residents who are obtaining transitional education in their field endeavor toward a field of public service are eligible. All pertinent information is included in the scholarship application.

Senator Beverly Hollingworth

******

The Legislative Tourism Caucus will hold a meeting at the Eagles Nest Restaurant (directly across from State House) from 3:00 p.m. to 5:00 p.m. Wine and cheese will be served courtesy of the New Hampshire International Speedway, the New Hampshire Travel Council and the New Hampshire Lodging and Restaurant Association.

"Director’s Report on the Newly-Created "Division" and Advisory Committee on Travel and

Tourism"

Speaker: Laurie Ostrander Klefos, Director, New Hampshire Division of Travel and Tourism Development.

"Transportation and Tourism"

Speakers: J. Brian O’Neill, Assistant Airport Director, Manchester Airport; Carl Lindblade, Executive Director, Flying Yankee Restoration Group, Inc.

We hope that you will mark your calendar and join us as we explore issues of importance to the state’s tourism industry as well as provide an opportunity to network with tourism representatives. These events are designed to be educational, yet informal. Each presentation will be followed by a question /answer period and open discussion of current tourism issues is strongly encouraged. Hope to see you there!

Senate President, Beverly Hollingworth

Senate Republican Leader, Carl Johnson

******

An exhibit, "This is woman's hour..." -- The Life of Mary Baker Eddy, will also be on display in the museum April-June, 2000. The exhibit tells the story of a woman who rose above personal battles with illness and 19th-century society's strictures on womanhood to become a well-recognized author, healer, teacher, and publisher, founding The Christian Science monitor at age eighty-seven.

Please RSVP reception attendance to Carol at 226-3189, ext. 221.

Senator Sylvia B. Larsen

******

Senator Beverly Hollingworth

******

Whereas, there is presently pending in the Senate, SB 365-LOCAL, "An Act relative to the adoption of bonds or notes in certain school districts and municipalities"; and

Whereas, there has been proposed to SB 365-LOCAL an amendment (document number 2000-3618s) which would generally reduce the voting majority required to authorize the issuance of bonds or notes in cities, towns, school districts, and village districts from 2/3 to 3/5; and

Whereas, SB 365-LOCAL with the proposed amendment does not provide for a local referendum accepting or declining the reduction in the voting majority; and

Whereas, questions have arisen concerning the constitutionality of SB 365-LOCAL with the proposed amendment; and

Whereas, it is important that the questions of the constitutionality of SB 365-LOCAL with the proposed amendment should be settled in the near future, and in any event before final passage by the Senate; now therefore, be it

Resolved by the Senate:

That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:

1. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the first sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that no law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters in a local referendum provided for in the law?
2. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the second sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that general laws authorizing cities and towns to adopt or amend their charters or forms of government shall become effective only upon the approval of the voters in a local referendum?
3. If under SB 365-LOCAL with the proposed amendment the majority voting requirements would differ between local political subdivisions with and without the optional voting procedures under RSA 40:13, will this result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions?
4. Do any other aspects of SB 365-LOCAL with the proposed amendment violate or conflict with any provisions of the state constitution?

That the Clerk of the Senate transmit copies of this resolution and copies of SB 365-LOCAL, as amended by document number 2000-3618s, 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 April 17, 2000. An original and twelve copies of any memorandum must be filed with the Clerk's office.

 

Date: March 17, 2000 Attest: HOWARD J. ZIBEL, CLERK

STATE OF NEW HAMPSHIRE

 

SUPREME COURT

2000-148, OPINION OF THE JUSTICES

(MUNICIPAL BONDS)

 

ORDER

 

The following request of the Senate for an opinion of the justices was adopted on March 9, 2000, and filed with the Supreme Court on March 13, 2000:

SENATE RESOLUTION 12

Whereas, there is presently pending in the Senate, SB 365-LOCAL, "An Act relative to the adoption of bonds or notes in certain school districts and municipalities"; and

 

Whereas, there has been proposed to SB 365-LOCAL an amendment (document number 2000-3618s) which would generally reduce the voting majority required to authorize the issuance of bonds or notes in cities, towns, school districts, and village districts from 2/3 to 3/5; and

 

Whereas, SB 365-LOCAL with the proposed amendment does not provide for a local referendum accepting or declining the reduction in the voting majority; and

 

Whereas, questions have arisen concerning the constitutionality of SB 365-LOCAL with the proposed amendment; and

 

Whereas, it is important that the questions of the constitutionality of SB 365-LOCAL with the proposed amendment should be settled in the near future, and in any event before final passage by the Senate; now therefore, be it

 

Resolved by the Senate:

 

That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:

 

5. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the first sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that no law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters in a local referendum provided for in the law?
6. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the second sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that general laws authorizing cities and towns to adopt or amend their charters or forms of government shall become effective only upon the approval of the voters in a local referendum?
7. If under SB 365-LOCAL with the proposed amendment the majority voting requirements would differ between local political subdivisions with and without the optional voting procedures under RSA 40:13, will this result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions?
8. Do any other aspects of SB 365-LOCAL with the proposed amendment violate or conflict with any provisions of the state constitution?

That the Clerk of the Senate transmit copies of this resolution and copies of SB 365-LOCAL, as amended by document number 2000-3618s, 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 April 17, 2000. An original and twelve copies of any memorandum must be filed with the Clerk's office.

Date: March 17, 2000 Attest: HOWARD J. ZIBEL, CLERK

______________________________________________________________________________________