April 4, 2000

No. 21

 

 

STATE OF NEW HAMPSHIRE

 

 

 

 

 

 

 

Legislative

 

SENATE CALENDAR

REPORTS, HEARINGS, MEETINGS & NOTICES

 

 

THE SENATE WILL MEET IN SESSION ON THURSDAY, APRIL 6, 2000 AT 10:00 A.M.

LAID ON THE TABLE

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.

SPECIAL ORDER

10:01 a.m.

FINANCE

HB 542-FN-A, (2nd New Title) repealing the legacies and succession tax. Vote 3-3

Without Recommendation, Senator J. King for the committee.

REPORTS

ENERGY & ECONOMIC DEVELOPMENT

HB 1559-FN, (New Title) establishing a committee to study the organization and functions of the New Hampshire state port authority. Vote 3-0

Ought to Pass, Senator Johnson for the committee.

HCR 31, urging the New Hampshire congressional delegation to take action to keep the international border crossing between the United States and Canada, in the town of Pittsburg, New Hampshire, open 24 hours a day. Vote 3-0

Ought to Pass, Senator F. King for the committee.

ENVIRONMENT

HB 648-FN, relative to a sludge testing program. Vote 5-0

Ought to pass with amendment, Senator Krueger for the committee.

HB 1235, (New Title) relative to defining suface waters. Vote 5-0

Ought to Pass, Senator Krueger for the committee.

HB 1258-FN, relative to invasive plant, insect, and fungal species. Vote 5-0

Ought to Pass, Senator Russman for the committee.

HB 1416-FN, establishing a brownfields cleanup revolving loan fund. Vote 4-0

Ought to Pass, Senator Wheeler for the committee.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION

HB 51, (New Title) providing for the voluntary registration of commercial maple producers and maple packers. Vote 5-1

Ought to Pass, Senator Larsen for the committee.

HB 1172, providing staggered terms for agricultural advisory board members. Vote 3-0

Ought to Pass, Senator Cohen for the committee.

HB 1234, (New Title) relative to special commissions to perform marriages in New Hampshire. Vote 3-1

Ought to Pass, Senator Cohen for the committee.

HB 1321, relative to certain funds collected by order of the public utilities commission. Vote 4-0

Ought to Pass, Senator Francoeur for the committee.

HB 1583, increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics. Vote 4-0

Ought to pass with amendment, Senator Francoeur for the committee.

SB 359, establishing a committee to study the issues relative to manufactured housing parks in New Hampshire. Vote 4-0

Ought to Pass, Senator Francoeur for the committee.

SB 457, relative to ownership of certified public accounting firms. Vote 3-1

Ought to Pass, Senator Roberge for the committee.

SB 458, increasing the salary of the executive secretary of the retirement system and changing the title to executive director. Vote 4-0

Ought to Pass, Senator Brown for the committee.

FINANCE

HB 279-FN-A, relative to refinancing the cost and rehabilitation of the Cheshire Bridge. Vote 7-0

Ought to Pass, Senator Larsen for the committee.

HB 305-A, (New Title) relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey.

Vote 9-0

Ought to Pass, Senator F. King for the committee.

SB 380-FN-A, (New Title) relative to the availability of matching funds for improvements to South Fruit Street at Industrial Drive in the city of Concord. Vote 8-0

Ought to Pass, Senator Larsen for the committee.

SB 401-FN-A-L, establishing the New Hampshire land and community heritage investment program and making an appropriation therefor. Vote 9-0

Ought to pass with amendment, Senator Below for the committee.

SB 413-FN, relative to confidentiality of addresses for victims of domestic violence, stalking or sexual assault. Vote 8-0

Ought to Pass, Senator Larsen for the committee.

SB 436-FN, ( New Title ) relative to permanent revocation of drivers' licenses for causing a fatality or serious bodily injury while driving intoxicated. Vote 8-0

Ought to Pass, Senator Fraser for the committee.

INSURANCE

HB 1282, establishing a committee to study the possibility of self-insuring state employees. Vote 4-0

Ought to Pass, Senator McCarley for the committee.

HB 1311, relative to payment of employer contributions for unemployment compensation. Vote 6-0

Ought to Pass, Senator Eaton for the committee.

HB 1326, relative to managed care programs under workers' compensation. Vote 4-0

Ought to Pass, Senator Francoeur for the committee.

HB 1512-FN, (New Title) establishing a committee to study the feasibility of implementing a paid family and medical leave insurance program and potential funding sources to support it. Vote 4-0

Ought to Pass, Senator Wheeler for the committee.

JUDICIARY

HB 1212, relative to extending the reporting date of the open adoption study committee. Vote 6-0

Ought to pass with amendment, Senator Brown for the committee.

PUBLIC AFFAIRS

CACR 5, (New Title) relating to voting and elective rights of incarcerated felons. Providing that any person who has been convicted of a felony may be denied the right to vote for any or all of the time between conviction and final discharge of sentence, as provided by law. Vote 5-0

Inexpedient to Legislate, Senator Trombly for the committee.

HB 521-L, (New Title) allowing municipalities that have adopted the municipal budget act to override the 10 percent limitation on exceeding appropriations recommended by the budget committee. Vote 4-2

Ought to pass with amendment, Senator McCarley for the committee.

HB 1110, establishing a committee to study landlord-tenant issues. Vote 5-0

Ought to Pass, Senator McCarley for the committee.

HB 1124-L, relative to local building codes. Vote 6-0

Ought to pass with amendment, Senator Krueger for the committee.

HB 1166, relative to confidentiality and information collection by the department of agriculture, markets, and food. Vote 6-0

Inexpedient to Legislate, Senator Eaton for the committee.

HB 1199, establishing a study committee on funding for affordable housing. Vote 5-0

Ought to Pass, Senator Disnard for the committee.

HB 1531, relative to the preemption of local regulations of firearms. Vote 6-0

Ought to pass with amendment, Senator Krueger for the committee.

PUBLIC INSTITUTIONS, HEALTH AND HUMAN SERVICES

HB 1256, clarifying certain health care laws. Vote 3-0

Ought to Pass, Senator Wheeler for the committee.

HB 1337, repealing the New Hampshire foundation for mental health. Vote 5-0

Ought to Pass, Senator Wheeler for the committee.

HB 1502, (New Title) relative to lead paint abatement. Vote 3-0

Ought to Pass, Senator McCarley for the committee.

AMENDMENT

Environment

April 3, 2000

2000-4012s

08/01

 

 

Amendment to HB 648-FN

 

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

AN ACT providing that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.

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

1 Recycled Materials; Uncoated Printing Paper; Post Consumer Waste Material Requirement. Amend RSA 21-I:14-a, III to read as follows:

III.(a) [Printing and writing paper purchased by or for state agencies shall contain not less than 20 percent post consumer waste material.

(b) Not later than December 31, 1998,] Uncoated printing and writing paper purchased by or for state agencies shall contain not less than 30 percent post consumer waste material and coated printing paper shall contain not less than 10 percent post consumer waste material.

[(c)] (b)(1) "Post consumer waste material" means a substance or a finished product which has served its original or intended use and has been discarded for disposal or recovery, but does not include any substance or by-product generated by the original manufacturing process. "Post consumer waste material" for paper means de-inked paper and recovered textiles cleaned and bleached for use in the manufacturing of printing and writing papers.

(2) If compliance with this paragraph cannot be met by following current industry standards for any item or items, the director of plant and property management may exempt specific items of printing and writing papers from the requirements of this paragraph.

2 Effective Date. This act shall take effect July 1, 2000.

2000-4012s

AMENDED ANALYSIS

This bill provides that coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.

 

Senate Executive Departments and Administration

April 4, 2000

2000-4019s

08/04

 

 

Amendment to HB 1583

 

Amend the bill by replacing all after section 1 with the following:

2 Applicability. Members of the board of barbering, cosmetology, and esthetics serving on the board on the effective date of this act shall serve out the full duration of their terms of appointment unless removed by the governor and council as provided by RSA 313-A:3. Terms served by such members serving on the board on the effective date of this act shall be counted toward the limit of 2 consecutive terms provided by RSA 313-A:2, I.

3 Effective Date. This act shall take effect January 1, 2001.

 

Senate Finance

April 4, 2000

2000-4018s

08/01

 

 

Amendment to SB 401-FN-A-LOCAL

 

Amend the bill by replacing all after section 4 with the following:

5 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plates; Fee. Amend RSA 261:97-a, I to read as follows:

I. The director is hereby authorized to issue special conservation number plates, in lieu of other number plates. The design of these special plates shall be determined as provided in RSA 261:97-d. The plates shall retain the "live free or die" logo. Such plates shall be issued only upon application and upon payment of a [$25] $30 fee that shall be in addition to the regular motor vehicle registration fee and any other number plate fees otherwise required.

6 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plates; Fee. Amend RSA 261:97-a, III to read as follows:

III. Plates shall be renewed on an annual basis for [$25] $30 per set. Of this sum, the department shall retain an amount as is necessary to recover production and administrative costs as approved by the fiscal committee of the general court. The remaining funds shall be paid to the state treasurer and distributed as provided in RSA 261:97-b. The cost of replacement number plates shall be identical to the cost of initial number plates and the revenue from replacement number plates shall be distributed in the same manner as revenue derived from initial number plates.

7 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plate Trust Fund; Distribution of Funds. Amend RSA 261:97-b, I to read as follows:

I. There is hereby established a conservation number plate trust fund under the administration of the state treasurer. The fund shall be used for the promotion, protection, and investment in the state's natural, cultural, and historic resources. The fund shall be nonlapsing. The state treasurer shall distribute the funds annually on July 1, except as provided in paragraph II-a, as follows: $5,000 of every $100,000 received, up to a total of $50,000, shall be distributed to the department of transportation for the expanded wild flower establishment program for use in planting native wild flowers; the remainder shall be distributed equally among the department of cultural resources, the department of fish and game, the department of resources and economic development, [and] the state conservation committee, and the New Hampshire land and community heritage investment authority.

II-a. The state treasurer shall distribute the share of funds due the New Hampshire land and community heritage investment authority, pursuant to RSA 261:97-b, I, on the first day of each month.

8 Motor Vehicles; Certificates of Title and Registration; Conservation Number Plate Trust Fund; Use of Funds. Amend RSA 261:97-c, V-VI to read as follows:

V. The funds transferred to the New Hampshire land and community heritage investment authority shall be used for the administration of the New Hampshire land and community heritage investment program.

[V.] VI. The funds transferred to the department of transportation shall be used for the expanded wildflower establishment program to be used in maintenance districts.

[VI.] VII. Any funds transferred from the conservation number plate trust fund which remain unexpended at the end of the fiscal year shall be non-lapsing.

9 Appropriations; New Hampshire Land and Community Heritage Authority. The sums of $3,000,000 and $6,000,000 are hereby appropriated to the New Hampshire land and community heritage authority established in section 1 of this act for the purposes of this act for the fiscal years ending June 30, 2001 and June 30, 2002, respectively.

10 Bonds Authorized. To provide funds for the appropriations made in section 9 of this act, the state treasurer is hereby authorized to borrow upon the credit of the state not exceeding the sum of $3,000,000 for fiscal year 2001 and $6,000,000 for fiscal year 2002 and for said purpose may issue bonds and notes in the name of and on behalf of the state of New Hampshire in accordance with RSA 6-A. Payments of principal and interest on the bonds and notes shall be made from the general fund of the state. Issuance of bonds for fiscal year 2001 shall be no earlier than April 1, 2001.

11 Appropriation; Administrative Costs. The sum of $75,000 is appropriated to the New Hampshire land and community heritage authority established in section 1 of this act, for the purpose of funding administrative costs of the authority for the biennium ending June 30, 2001. The source of funds for the $75,000 shall be as follows:

I. $45,000 from the forest management and protection fund, established in RSA 227-G:5.

II. $10,000 from fiscal year 2000 funds appropriated to the department of environmental services that would otherwise lapse.

III. $10,000 from PAU 01, 02, 01, 01, class 80, senate out-of-state travel funds for fiscal year 2000.

IV. $5,000 from PAU 02, 03, 01, class 20, department of agriculture, markets, and food funds for the fiscal year 2000.

V. $5,000 from PAU 02, 03, 05, 01, class 24, department of agriculture, markets, and food funds for fiscal year 2000.

12 Effective Date. This act shall take effect upon its passage.

2000-4018s

AMENDED ANALYSIS

This bill:

I. Establishes the New Hampshire land and community heritage investment program.

II. Establishes the New Hampshire land and community heritage investment authority, and establishes its powers, duties, and authority.

III. Establishes membership on the authority’s board of directors.

IV. Establishes criteria for acquisition of lands and other natural, cultural, and historical resources.

V. Increases the fee charged for the issuance of special conservation number plates from $25 to $30.

VI. Provides that a portion of funds received in the conservation numbers plate trust fund shall be distributed monthly to the New Hampshire land and community heritage investment authority for the purpose of administering the New Hampshire land and community heritage investment program.

VII. Provides a $75,000 appropriation for the purpose of administering the program for the biennium ending June 30, 2001, with such funds being transferred from the forest management and protection fund, the department of environmental services, the department of agriculture, markets, and food, and senate out-of-state travel funds.

VIII. Provides appropriations to the program for 2001 and 2002, including a $3,000,000 bond issue for 2001 and a $6,000,000 bond issue for 2002.

IX. Transfers responsibility for the administration of the land conservation investment program and monitoring endowment under RSA 162-C to the office of state planning.

 

 

Senate Judiciary

March 31, 2000

2000-3995s

04/10

 

 

Amendment to HB 1212

 

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

AN ACT relative to extending the reporting date of the open adoption study committee and relative to persons eligible to adopt.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as section 3:

2 New Paragraph; Adoption; Who May Adopt; Eligible Persons Amended. Amend RSA 170-B:4 by inserting after paragraph V the following new paragraph:

VI. Two unmarried adults together.

2000-3995s

AMENDED ANALYSIS

This bill extends the reporting date of the open adoption study committee established in 1999, 40 from November 1, 1999 to November 1, 2000 and provides that two unmarried adults shall be eligible to adopt together.

Public Affairs

March 31, 2000

2000-3996s

08/09

 

 

Amendment to HB 521-LOCAL

 

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

AN ACT providing a procedure to allow municipalities that have adopted the municipal budget act to override the 10 percent limitation imposed on appropriations not recommended by the budget committee.

Amend RSA 32:18-a as inserted by section 1 of the bill by replacing it with the following:

32:18-a Legislative Body Override of Limitation of Appropriations.

I. Notwithstanding any other provision of law, in any municipality electing this subdivision, or any district wholly within a town electing this subdivision, if a bond request is not recommended in its entirety by the budget committee, the governing body of such municipality, after a majority vote by the governing body of the municipality in favor of the bond request at a duly posted meeting, shall place the bond request on the warrant.

II. The legislative body of any municipality described in RSA 32:18-a, I, may approve a bond request despite the 10 percent limitation provided in RSA 32:18 in the following manner:

(a) The governing body shall place the following statement at the beginning of the warrant article for such bond request: "Passage of this article shall override the 10 percent limitation imposed on this appropriation due to the non-recommendation of the budget committee." Immediately below the bond request on the warrant shall be displayed (1) the recommendation of the governing body and (2) the recommendation of the budget committee, as included in the budget forms for the annual meeting pursuant to RSA 32:5, IV.

(b) If those voting "Yes" on the bond request satisfy the requirements of RSA 33:8, the bond request is thereby approved.

III. If the bond request is approved pursuant to RSA 32:18-a, the governing body of such municipality shall forward a copy of the minutes of the duly posted meeting described in RSA 32:18-a, I to the commissioner of the department of revenue administration.

2000-3996s

AMENDED ANALYSIS

This bill allows the governing body of a municipality operating under the municipal budget act to put a bond request not recommended by the budget committee on the warrant of a town meeting and provides a procedure to override the 10 percent limitation imposed on appropriations not recommended by the budget committee.

 

 

Public Affairs

March 31, 2000

2000-3997s

08/10

 

 

Amendment to HB 1124-LOCAL

 

Amend RSA 674:52, IV-a as inserted by section 1 of the bill by replacing it with the following:

IV-a.(a) The provisions of this section shall not be construed to permit the adoption by reference of any provision of any nationally recognized code, rules, or regulations that restrict or encumber the local governing body’s authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments.

(b) In the case of a local building code enacted prior to the effective date of this paragraph, subparagraph (a) shall not apply to the extent that it would cause such local building code to fail to comply with the minimum requirements of RSA 674:51 or if it is proven by clear and convincing evidence that adoption by reference of any such provision was the deliberate act of the municipality. In either circumstance, however, any provision of any national code adopted by reference that conflicts with existing or amended local ordinances, regulations, policies, practices, or procedures regarding the appointment, removal, or duties of municipal employees and the organization of municipal departments, shall not apply.

2000-3997s

AMENDED ANALYSIS

This bill provides that the adoption by reference of any provision of a nationally recognized building or fire code shall not be construed to restrict a municipality’s authority relative to the appointment, removal, or duties of municipal employees and the organization of municipal departments, provided, however, that this shall not apply to the extent that it would cause, in the case of a local building code enacted prior to the effective date of this bill, a local building code to fail to comply with certain minimum requirements or if it is proven that adoption by reference of a national building code provision was the deliberate act of the municipality.

 

 

Public Affairs

April 3, 2000

2000-4004s

05/10

 

 

Amendment to HB 1531

 

Amend the bill by replacing section 1 with the following:

1 New Section; Preemption of Local Firearms Regulations. Amend RSA 159 by inserting after section 6-f the following new section:

159:6-g Preemption of Local Firearms Regulations. No political subdivision shall impose special taxation on, enact any law, ordinance, or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, carrying, or possession of handguns or other firearms, or components of handguns or other firearms, except as otherwise provided in state or federal law. This section shall not be deemed to affect RSA 159-B, nor the control of municipalities over the use of municipally owned property, nor the administration of other sections of this chapter.

 

HEARINGS

TUESDAY, APRIL 4, 2000

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.

EXECUTIVE SESSION

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.

WEDNESDAY, APRIL 5, 2000

· PLEASE NOTE THE TIME CHANGE FROM 9:00 A.M. TO 8:30 A.M.

EDUCATION, Room 105-A, SH

8:30 a.m. HB 413, relative to the renovation of regional vocational education centers, and making an appropriation therefor.

WORK SESSION

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.

THURSDAY, APRIL 6, 2000

INSURANCE, Room 103, LOB

SB 459, relative to underinsured motorists.

EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE SENATE SESSION

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.

FRIDAY, APRIL 7, 2000

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.

TUESDAY, APRIL 11, 2000

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.

· PLEASE NOTE THE ADDITION OF HB 1390 TO THE FOLLOWING HEARINGS.

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.

· PLEASE NOTE HB 1617-FN HAS BEEN ADDED TO THE FOLLOWING HEARINGS.

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."

3:40 p.m. HB 1617-FN, relative to suspension of a driver's license for sufficient cause.

WEDNESDAY, APRIL 12, 2000

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.

JUDICIARY, Room 103, SH

9:45 a.m. SB 468, relative to the family division of the courts.

10:30 a.m. SB 463, revising the uniform partnership act.

11:15 a.m. HB1109, relative to the modification of spousal support orders.

11:30 a.m. HB 1242, relative to the standard for modification of a child custody order.

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.

THURSDAY, APRIL 13, 2000

· PLEASE NOTE HB 1592, HB 1149, & HB 1156 WERE RECESSED ON MARCH 30TH AND WILL BE RE-OPENED ON APRIL 13TH

INTERNAL AFFAIRS, Room 103, LOB

2:45 p.m. HB 1592, relative to the display of the United States flag.

3:00 p.m. HB 1149, commemorating the anniversary of the founding of certain branches of the United States armed forces.

3:15 p.m. HB 1156, establishing June 20th each year as Destroyer Escort Day.

3:30 p.m. HB 1151, establishing a committee to study the creation of a New Hampshire local government records management trust and to consider funding alternatives.

FRIDAY, APRIL 14, 2000

· PLEASE NOTE HB 1504 WAS RECESSED FROM MARCH 31ST AND WILL BE RE-OPENED AND HEARD ON APRIL 14TH.

FINANCE, Room 103, SH

11:00 a.m. HB 1504, relative to submission of biennial budget estimates by agencies.

MONDAY, APRIL 17, 2000

· PLEASE NOTE THE FOLLOWING HEARING HAS BEEN CANCELLED AND RESCHEDULED TO APRIL 24TH.

JUDICIARY, Room 305-307, LOB

Rescheduled HB 1548-FN, abolishing the death penalty.

TUESDAY, APRIL 18, 2000

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.

TRANSPORTATION, Room 104, LOB

3:00 p.m. HB 1251, relative to driver education training reimbursement.

3:15 p.m. HB 1265-FN, (New Title) relative to registration of certain antique OHRVs.

3:30 p.m. HB 1131-FN, relative to license revocations and suspensions.

WEDNESDAY, APRIL 19, 2000

· PLEASE NOTE SB 461 WAS RECESSED ON MARCH 29TH AND WILL BE RE-OPENED ON APRIL 19TH.

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 461, establishing a committee to study the creation of a flag to honor all police departments in the state.

1:15 p.m. SB 464, relative to the use of municipal and school district facilities for stunt biking and relative to the sale of bicycles at public auction.

1:30 p.m. HB 1163, relative to the date of decision for appeals of zoning matters.

1:45 p.m. HB1457, establishing a committee to study all aspects of the condominium act established under RSA 356-B.

MONDAY, APRIL 24, 2000

· PLEASE NOTE THE FOLLOWING HEARING HAS BEEN RESCHEDULED FROM APRIL 17TH AND THERE HAS BEEN A ROOM CHANGE.

JUDICIARY, Room 305 - 307, LOB

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

· PLEASE NOTE HB 618-FN HAS BEEN RESCHEDULED FROM MARCH 28TH.

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

1:00 p.m. HB 1244, (New Title) relative to the use of certain needle technology.

1:30 p.m. HB 1377, prohibiting managed care organizations from excluding certain physicians as providers and establishing a committee to study contracting methods.

2:00 p.m. HB 618-FN, (New Title) establishing a voucher program for smoking cessation.

TUESDAY, APRIL 25, 2000

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.

WEDNESDAY, APRIL 26, 2000

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. SB 466, relative to lot rent increases at manufactured housing parks.

MONDAY, MAY 1, 2000

· PLEASE NOTE THE FOLLOWING HEARING HAVE BEEN RESCHEDULED FROM MAY 16TH.

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

10:00 a.m. HB 1541-L, relative to the cremation of deceased persons.

10:20 a.m. HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections.

TUESDAY, MAY 2, 2000

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.

WEDNESDAY, MAY 3, 2000

PUBLIC AFFAIRS, Room 104, LOB

1:00 p.m. HB 1216, relative to petitions for warrant articles.

MONDAY, MAY 8, 2000

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

10:00 a.m. HB 1250, (New Title) allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency.

10:30 a.m. HB 1438-FN, relative to transportation of children for involuntary emergency admissions.

11:00 a.m. HB 1463, making technical corrections related to the mental health system and guardianship hearings.

TUESDAY, MAY 9, 2000

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.

TUESDAY, MAY 16, 2000

· PLEASE NOTE THE FOLLOWING HEARING HEARINGS HAVE CANCELLED

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

Cancelled HB 1541-L, relative to the cremation of deceased persons.

Cancelled HB 1571-FN, relative to claims arising from clinical services provided to the department of corrections.

MEETINGS

WEDNESDAY, APRIL 5, 2000

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

THURSDAY, APRIL 6, 2000

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

FRIDAY, APRIL 7, 2000

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.

MONDAY, APRIL 10, 2000

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

9:00 a.m. Regular Meeting

EARLY CHILDHOOD EDUCATION COMMISSION (HB 532, Chapter 135, Laws of 1999) Room 207, LOB

9:30 a.m. Regular Meeting

STATUTORY LEGISLATIVE ETHICS COMMITTEE (RSA 14-B:2) Room 304 LOB

1:30 p.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

TUESDAY, APRIL 11, 2000

CAPITAL BUDGET OVERVIEW COMMITTEE Room 201, LOB

10:00 a.m. Regular Meeting

WEDNESDAY, APRIL 12, 2000

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

THURSDAY, APRIL 13, 2000

SENATE FISCAL TASK FORCE COMMITTEE Nashua - Auditorium

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

FRIDAY, APRIL 14, 2000

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

9:30 a.m. Regular Meeting

MONDAY, APRIL 17, 2000

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

WEDNESDAY, APRIL 19, 2000

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

FRIDAY, APRIL 21, 2000

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

MONDAY, APRIL 24, 2000

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

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

WEDNESDAY, APRIL 26, 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

FRIDAY, APRIL 28, 2000

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

9:30 a.m. Regular Meeting

MONDAY, MAY 1, 2000

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

FRIDAY, MAY 5, 2000

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

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

MONDAY, MAY 8, 2000

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

9:00 a.m. Regular Meeting

WEDNESDAY, MAY 10, 2000

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

1:00 p.m. Regular Meeting

FRIDAY, MAY 12, 2000

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

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

MONDAY, MAY 15, 2000

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

FRIDAY, MAY 19, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, JUNE 9, 2000

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

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

MONDAY, JUNE 12, 2000

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

9:00 a.m. Regular Meeting

WEDNESDAY, JUNE 14, 2000

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

1:00 p.m. Regular Meeting

FRIDAY, JUNE 16, 2000

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

9:00 a.m. Regular Meeting

MONDAY, JULY 10, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, JULY 21, 2000

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

9:00 a.m. Regular Meeting

MONDAY, AUGUST 14, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, AUGUST 18, 2000

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

9:00 a.m. Regular Meeting

MONDAY, SEPTEMBER 11, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, SEPTEMBER 15, 2000

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

9:00 a.m. Regular Meeting

MONDAY, OCTOBER 16, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, OCTOBER 20, 2000

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

9:00 a.m. Regular Meeting

MONDAY, NOVEMBER 13, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, NOVEMBER 17, 2000

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

9:00 a.m. Regular Meeting

MONDAY, DECEMBER 11, 2000

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

9:00 a.m. Regular Meeting

FRIDAY, DECEMBER 15, 2000

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

9:00 a.m. Regular Meeting

FISCAL NOTES NOW AVAILABLE IN THE SENATE CLERK'S OFFICE:

SB 36, SB 135, SB 176, SB 178, SB 186, SB 219, SB 228, SB 310, SB 389, SB 390, SB 391, SB 392, SB 393, SB 395, SB 399, SB 401, SB 402, SB 406, SB 409, SB 410, SB 412, SB 413, SB 414, SB 415, SB 417, SB 421, SB 423, SB 425, SB 429, SB 432, SB 434, SB 436, SB 444, SB 447, SB 449, SB 450, SB 458, SB 465,

NOTICES

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 4th 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.

CALENDAR OF EVENTS

TUESDAY, APRIL 11, 2000

"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.

WEDNESDAY, MAY 10, 2000

"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

******

SUNDAY, APRIL 16, 2000

Members of the House and Senate are cordially invited to learn more about a daughter of New England and a native of New Hampshire, Mary Baker Eddy, the first New Hampshire woman to be inducted into the National Women's Hall of Fame. A special reception honoring Mary Baker Eddy will be held on April 16th, 2:00 PM at the Museum of New Hampshire History in Concord, NH. Featured scholar, Gillian Gill, author of the recent biography, Mary Baker Eddy, will be speaking about Mrs. Eddy's life.

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

******

WEDNESDAY, APRIL 19, 2000

As provided in (RSA 14-A:4) there will be a health screening for members on Wednesday, April 19 from 9:00 a.m. to 1:00 p.m. in Rooms 305-308 LOB. Our State House nurses, along with the Department of Health and Human Services have coordinated this event. Oral cancer, diabetes, glaucoma, and hypertension screenings and nutritional counseling will be among the services available to each member. All members are encouraged to attend.

Senator Beverly Hollingworth

******

 

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:

 

  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?
  5. 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:

     

  6. 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?
  7. 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?
  8. 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?
  9. 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

 

______________________________________________________________________________________