SENATE

JOURNAL 10

March 30, 1999

The Senate met at 10:00 a.m.

A quorum was present.

The prayer was offered by Rev. David P. Jones, Senate Chaplain.

Lord of our tomorrows, give us a strength of character that will enable us to be masters of that best which lies within us rather than slaves to any petty prejudice or short-sided visions that might tempt each of us to be afraid. Free us, Lord, so that we may be careful, kind, bold and wise in every single choice that we make. Amen

Senator Fernald led the Pledge of Allegiance.

INTRODUCTION OF GUESTS

SUSPENSION OF THE RULES

Senator Gordon moved that the rules of the Senate be so far suspended as to allow for the drafting and introduction of a new bill beyond the deadline for drafting and introduction.

(An act relative to the Riven Dell school district.)

Adopted by the necessary 2/3 vote.

INTRODUCTION OF SENATE BILLS

Senator J. King offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered 227 - 228 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

Adopted.

First and Second Reading and Referral

SB 227, establishing a gambling business felony. (Sen. Johnson, Dist. 3: Judiciary)

SB 228-FN, relative to spousal benefits upon the death of certain retired group II members of the New Hampshire retirement system. (Sen. J. King, Dist. 18; Rep. Dyer, Hills 8: Insurance)

HOUSE MESSAGE

The House of Representatives has passed bills with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 67, relative to termination of parental rights upon a finding of either child abuse or the commission of certain criminal offenses.

HB 78, relative to the counting of votes when the moderator is disqualified.

HB 90, removing the prohibition on adoption and foster parenting by homosexual persons.

HB 206, relative to restrooms in restaurants.

HB 223, relative to waiver of filing fees and petitions for candidates for federal offices.

HB 229, changing the registration fee requirement of the commercial feed law.

HB 238-FN-A, allowing the production and sale of American ginseng in the state of New Hampshire and making an appropriation therefor.

HB 250, relative to authorized regional enrollment area schools.

HB 261-L, relative to the official ballot option.

HB 270, relative to persons not competent to stand trial.

HB 288, relative to the committee to study land management, protection of farmland, rural character, environmental quality and sprawl.

HB 291, establishing a study committee for seed sterilization technology or "terminator" technology.

HB 292, relative to ballot procedures for constitutional amendments.

HB 307, establishing a committee to study the negotiated risk agreements when patients desire to remain in a facility over the recommendations of the department of health and human services.

HB 324, repealing certain grounds for granting a divorce for cause.

HB 355, relative to the dredging of harbors and channels.

HB 357, establishing a committee to study and investigate issues related to investigations, trials, convictions, and sentencing of sex offenders.

HB 418, relative to accounts and reporting dates of certain funds in the fish and game department.

HB 420, relative to orders for spousal support in domestic relations cases.

HB 431, establishing a committee to study methods and processes necessary to retain the traditional uses of White Mountain National Forest land, the impact of any change in designation, and relative to promoting the continual multiple use management of such land.

HB 490, enabling cities to permit the mayor to vote at city council meetings.

HB 513, relative to approved permissible fireworks.

HB 515, extending the indemnification of persons providing clinical services to the department of health and human services.

HB 520, relative to an open season for chukar partridge.

HB 710-FN, relative to expanding the availability of lifetime licenses for hunting and fishing.

HB 734-FN-L, relative to state guarantees of tax anticipation notes issued by municipalities; and relative to teacher non-renewals for the 1999-2000 school year.

HCR 6, calling on the President and the Congress to fully fund the federal government’s share of the average per pupil expenditure in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act.

 

INTRODUCTION OF HOUSE BILLS

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 67 – HCR 6 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

Adopted.

First and Second Reading and Referral

HB 67, relative to termination of parental rights upon a finding of either child abuse or the commission of certain criminal offenses. Judiciary

HB 78, relative to the counting of votes when the moderator is disqualified. Public Affairs

HB 90, removing the prohibition on adoption and foster parenting by homosexual persons. Public Institutions, Health and Human Services

HB 206, relative to restrooms in restaurants. Public Institutions, Health and Human Services

HB 223, relative to waiver of filing fees and petitions for candidates for federal offices. Executive Departments and Administration

HB 229, changing the registration fee requirement of the commercial feed law. Wildlife and Recreation

HB 238-FN-A, allowing the production and sale of American ginseng in the state of New Hampshire and making an appropriation therefor. Wildlife and Recreation

HB 250, relative to authorized regional enrollment area schools. Education

HB 261-L, relative to the official ballot option. Executive Departments and Administration

HB 270, relative to persons not competent to stand trial. Judiciary

HB 288, relative to the committee to study land management, protection of farmland, rural character, environmental quality and sprawl. Environment

HB 291, establishing a study committee for seed sterilization technology or "terminator" technology. Environment

HB 292, relative to ballot procedures for constitutional amendments. Executive Departments and Administration

HB 307, establishing a committee to study the negotiated risk agreements when patients desire to remain in a facility over the recommendations of the department of health and human services. Public Institutions, Health and Human Services

HB 324, repealing certain grounds for granting a divorce for cause. Judiciary

HB 355, relative to the dredging of harbors and channels. Environment

HB 357, establishing a committee to study and investigate issues related to investigations, trials, convictions, and sentencing of sex offenders. Judiciary

HB 418, relative to accounts and reporting dates of certain funds in the fish and game department. Wildlife and Recreation

HB 420, relative to orders for spousal support in domestic relations cases. Judiciary

HB 431, establishing a committee to study methods and processes necessary to retain the traditional uses of White Mountain National Forest land, the impact of any change in designation, and relative to promoting the continual multiple use management of such land. Environment

HB 490, enabling cities to permit the mayor to vote at city council meetings. Executive Departments and Administration

HB 513, relative to approved permissible fireworks. Public Affairs

HB 515, extending the indemnification of persons providing clinical services to the department of health and human services. Public Institutions, Health and Human Services

HB 520, relative to an open season for chukar partridge. Wildlife and Recreation

HB 710-FN, relative to expanding the availability of lifetime licenses for hunting and fishing. Wildlife and Recreation

HB 734-FN-L, relative to state guarantees of tax anticipation notes issued by municipalities; and relative to teacher non-renewals for the 1999-2000 school year. Finance

HCR 6, calling on the President and the Congress to fully fund the federal government’s share of the average per pupil expenditure in public elementary and secondary schools in the United States under the Individuals with Disabilities Education Act. Education

 

COMMITTEE REPORTS

SB 98, relative to a counselor's duty to report child abuse. Judiciary Committee. Vote 6-1. Inexpedient to Legislate, Senator Wheeler for the committee.

Committee report of inexpedient to legislate is adopted.

SB 110, allowing for discharges of mortgages by affidavit of a New Hampshire attorney. Judiciary Committee. Vote 8-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence. Judiciary Committee.

Split Report: Inexpedient to Legislate, Senator Squires for the committee. Vote 4-4

Split Report: Ought to Pass, Senator Trombly for the committee. Vote 4-4

Senator Johnson moved to have SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence, laid on the table.

Adopted.

LAID ON THE TABLE

SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence.

SB 133-FN, establishing a process for reviewing judges. Judiciary Committee. Vote 6-1. Inexpedient to Legislate, Senator Fernald for the committee.

Senator Roberge moved to have SB 133-FN, establishing a process for reviewing judges, laid on the table.

A division vote is requested.

Yeas: 8 - Nays: 11

Motion failed.

Question is on the committee report of inexpedient to legislate.

A roll call was requested by Senator Francoeur.

Seconded by Senator Roberge.

The following Senators voted Yes: F. King, Gordon, Fraser, McCarley, Trombly, Disnard, Blaisdell, Fernald, Squires, Pignatelli, Larsen, J. King, Russman, D’Allesandro, Wheeler, Hollingworth, Cohen.

The following Senators voted No: Johnson, Below, Roberge, Francoeur, Krueger, Brown, Klemm.

Yeas: 17 - Nays: 7

Committee report of inexpedient to legislate is adopted.

TAKEN OFF THE TABLE

Senator Johnson moved to have SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence, taken off the table.

Adopted.

SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence.

Question is on the motion of ought to pass.

A roll call was requested by Senator Francoeur.

Seconded by Senator Pignatelli.

The following Senators voted Yes: F. King, Johnson, Below, McCarley, Trombly, Disnard, Blaisdell, Fernald, Larsen, J. King, Russman, D’Allesandro, Wheeler, Hollingworth, Cohen.

The following Senators voted No: Gordon, Fraser, Roberge, Squires, Pignatelli, Francoeur, Krueger, Brown, Klemm.

Yeas: 15 - Nays: 9

Adopted.

Ordered to third reading.

SB 139, relative to self-proved wills and making reference changes. Judiciary Committee. Vote 7-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

SB 143-FN, relative to penalties for incest. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Brown for the committee.

Senator Pignatelli moved to recommit.

Adopted.

SB 143-FN, is recommitted to the Judiciary Committee.

HB 73, extending the reporting date of the commission to study the effects of and jurisdiction over alternative agricultural products. Wildlife and Recreation Committee. Vote 6-0. Ought to Pass, Senator K. Wheeler for the committee.

Adopted.

Ordered to third reading.

SB 59-L, relative to bonding of animal owners convicted of animal cruelty. Wildlife and Recreation Committee. Vote 4-3. Ought to pass with amendment, Senator Roberge for the committee.

1999-0577s

08/01

 

Amendment to SB 59-LOCAL

 

Amend RSA 644:8, IV(b) as inserted by section 1 of the bill by replacing it with the following:

(b) If a person convicted of cruelty to animals appeals the conviction and any confiscated animal remains in the custody of the arresting officer or the officer’s designee pending disposition of the appeal, in order for the appellant to maintain a future interest in the animal, the trial court may require the appellant to post a bond or other security in an amount not exceeding $2,000 for each animal in custody for costs expected to be incurred for the board and care of the animal during the appeal. If the conviction is affirmed on appeal, the costs incurred for the board and care of the animal shall be paid to the custodian from the posted security and the balance, if any, returned to the person who posted it.

1999-0577s

AMENDED ANALYSIS

This bill allows the court to require a person convicted of animal cruelty to post bond in an amount not exceeding $2,000 for each animal in custody, in order to maintain a future interest in the animal, while an appeal is pending. The bond is used to pay board and care costs during the appeal.

Senator Gordon moved to recommit.

Adopted.

SB 59-L, is recommitted to the Wildlife and Recreation Committee.

REPORT OF COMMITTEE ON ENROLLED BILLS

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 93, permitting a dam to be constructed on Rand Pond in Goshen.

HB 248, relative to the Monadnock advisory commission.

Senator D’Allesandro moved adoption.

Adopted.

RESOLUTION

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order and that the bills ordered to third reading be read a third time by this resolution and all titles be the same as adopted and that they be passed at the present time and that when we adjourn, we adjourn until Thursday, April 1, 1999 at 10:00 a.m.

Adopted.

Third Reading and Final Passage

HB 73, extending the reporting date of the commission to study the effects of and jurisdiction over alternative agricultural products.

SB 110, allowing for discharges of mortgages by affidavit of a New Hampshire attorney.

SB 122, allowing certain prisoners to earn good conduct credits reducing such person's minimum sentence.

SB 139, relative to self-proved wills and making reference changes.

Senator Johnson moved that the business of the day being completed that the Senate now adjourn until Thursday, April 1, 1999 at 10:00 a.m.

Adopted.

Adjournment.