SENATE

JOURNAL 20 (cont.)

May 20, 1999

Out of Recess.

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journal #20 correction

Senator Larsen in the Chair.

Senator Gordon moved to have SB 50-FN-A-L, relative to the state's responsibility to provide an adequate education, taken off the table.

Question is on the motion to take SB 50-FN-A-L off the table.

A roll call was requested by Senator Gordon.

Seconded by Senator Trombly.

The following Senators voted Yes: F. King, Gordon, Johnson, Roberge, Francoeur, Krueger, Brown, Russman, Klemm.

The following Senators voted No: Below, McCarley, Trombly, Disnard, Blaisdell, Fernald, Larsen, J. King, D'Allesandro, Wheeler, Cohen.

Yeas: 9 - Nays: 11

Motion failed.

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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 79, relative to reports to the bank commissioner and to safe deposit box openings.

HB 292, relative to ballot procedures for constitutional amendments.

HB 340, establishing a committee to study mercury source reduction and recycling issues.

HB 426, relative to clean indoor air in state buildings.

HB 442, relative to charitable gift annuities.

HB 513, relative to approved permissible fireworks.

HB 583, extending the reporting date for the committee studying the issue of updating New Hampshire laws related to fences.

HB 651, revising the speed limit law.

SB 56, amending the law relative to who may adopt.

SB 38, relative to the optional term for election of a cooperative school district moderator.

SB 109, deleting the witnessing requirement for notices of lease.

SB 138, relative to joint tenancy with rights of survivorship.

SB 160, establishing a committee to study and identify or establish the duties of the fish and game commission.

Senator D’Allesandro moved adoption.

Adopted.

 

HOUSE MESSAGE

The House of Representatives has passed a Bill with the following title, in the passage of which it asks the concurrence of the Senate:

HB 300, making technical corrections to 1999, HB 117.

INTRODUCTION OF HOUSE BILL

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bill numbered 300 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 300, making technical corrections to 1999, HB 117. Finance

 

1999-1398-EBA

03/10

Enrolled Bill Amendment to SB 77

The Committee on Enrolled Bills to which was referred SB 77

AN ACT relative to authorized regional enrollment area schools.

 

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to SB 77

This enrolled bill amendment corrects an RSA reference and inserts language for grammatical consistency.

Enrolled Bill Amendment to SB 77

Amend RSA 195-A:3, V as inserted by section 1 of the bill by replacing lines 25-26 with the following:

term of the agreement, which shall be for a minimum of 10 years unless otherwise provided by mutual agreement of the school districts consistent with the provisions of RSA 195-A:3, XI;

Senator Trombly moved adoption.

Adopted.

 

1999-1414-EBA

08/01

Enrolled Bill Amendment to SB 60

The Committee on Enrolled Bills to which was referred SB 60

AN ACT establishing a committee to study the licensure of radiographers and radiologic technologists.

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to SB 60

This enrolled bill amendment inserts a missing word.

Enrolled Bill Amendment to SB 60

Amend section 3 of the bill by replacing line 3 with the following:

part of the human body for diagnostic or therapeutic purposes. The committee shall seek input from

Senator Trombly moved adoption.

Adopted.

 

1999-1415-EBA

04/09

Enrolled Bill Amendment to SB 161-LOCAL

The Committee on Enrolled Bills to which was referred SB 161-LOCAL

AN ACT relative to amending the contributory pension system for employees of the city of Manchester and authorizing the town of Salem pension plan.

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

Explanation to Enrolled Bill Amendment to SB 161-LOCAL

This enrolled bill amendment makes a technical correction to certain deleted language in section 7 of the bill.

Enrolled Bill Amendment to SB 161-LOCAL

Amend 1973, 218:8, II as inserted by section 7 of the bill by replacing line 4 with the following:

year [ for the first three years] following the retirement of a member with a disability retirement

Senator Trombly moved adoption.

Adopted.

 

 

LATE SESSION

Senator Cohen moved that the business of day being complete that the Senate now adjourn until Thursday, May 27, 1999 at 10:00 a.m.

Adopted.

Adjournment.

SENATE

JOURNAL 21

May 27, 1999

The Senate met at 10:00 a.m.

A quorum was present.

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

Lord, teach us how to express ourselves eloquently, lucidly and powerfully without having to resort every time to words. May we tend to our interior lives as carefully as we do to the speeches we deliver. May our actions towards others reveal our true political convictions as accurately as do our words. And may we be remembered as much for who we have been as for what we have said, for then the people’s business will be safe in our care. Amen.

Senator Klemm led the Pledge of Allegiance.

Senator J. King is excused for the day.

INTRODUCTION OF GUESTS

 

SPECIAL ORDER

10:01 a.m.

HB 562, relative to the date of decision for appeals of zoning matters. Public Affairs Committee. Vote 4-0. Ought to Pass, Senator Trombly for the committee.

Senator Trombly moved to have HB 562, relative to the date of decision for appeals of zoning matters, laid on the table.

Adopted.

LAID ON THE TABLE

HB 562, relative to the date of decision for appeals of zoning matters.

 

HB 689-FN, establishing a committee to study campaign contributions and expenditures. Public Affairs Committee. Vote 3-2. Ought to pass with amendment, Senator Wheeler for the committee.

1999-1241s

03/09

Amendment to HB 689-FN

 

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

1 Committee Established. There is established a committee to study campaign contributions and expenditures.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Four members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Four members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study campaign contributions and expenditures, including campaign financing alternatives.

4 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 1999.

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

Amendment adopted.

Ordered to third reading.

HB 441, relative to a mother's right to breast-feed. Public Institutions, Health and Human Services Committee. Vote 5-0. Ought to Pass, Senator Wheeler for the committee.

Adopted.

Ordered to third reading.

HB 619-FN, requiring the commissioner of health and human services to produce certain annual reports. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.

Adopted.

Ordered to third reading.

HB 624-FN, establishing a committee relative to health care quality. Public Institutions, Health and Human Services Committee. Vote 3-1. Ought to Pass, Senator Squires for the committee.

Adopted.

Ordered to third reading.

HB 477-FN, changing certain requirements for temporary plates on motor vehicles. Transportation Committee. Vote 4-0. Ought to Pass, Senator Russman for the committee.

Adopted.

Ordered to third reading.

HB 554, relative to driver education reciprocity. Transportation Committee. Vote 5-0. Ought to Pass, Senator Russman for the committee.

Adopted.

Ordered to third reading.

HB 573, clarifying the status of class VI highways. Transportation Committee. Vote 4-0. Ought to Pass, Senator Gordon for the committee.

Adopted.

Ordered to third reading.

HB 593-FN-L, relative to the classification of class VI roads which have been maintained by a town. Transportation Committee. Vote 4-0. Ought to Pass, Senator Russman for the committee.

Adopted.

Ordered to third reading.

HB 362, relative to dam safety program violations. Wildlife and Recreation Committee. Vote 4-0. Ought to Pass, Senator Krueger for the committee.

Adopted.

Ordered to third reading.

HB 552, relative to the issuance of crossbow permits to persons with a permanent physical disability. Wildlife and Recreation Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

HB 428, relative to school administrative units. Education Committee. Vote 5-0. Ought to pass with amendment, Senator J. King for the committee.

1999-1327s

04/09

Amendment to HB 428

 

Amend the bill by inserting after section 2 the following and renumbering the original section 3 to read as section 4:

3 New Subparagraph; School Administrative Units; Planning Committee. Amend RSA 194-C:2, IV(b) by inserting after subparagraph (3) the following new subparagraph:

(4) Any plan for organization, reorganization, or withdrawal from a school administrative unit shall be prepared in accordance with RSA 194-C:2, III, and shall be submitted to the state board pursuant to RSA 194-C:2, VI. The plan shall be submitted to the voters in accordance with RSA 194-C:2, VII or 194-C:2, VIII. If the voters fail to vote in the affirmative by the 3/5 vote required, the school district shall not offer another warrant article seeking to create a planning committee for a period of 5 years after the date of the initial warrant article.

1999-1327s

AMENDED ANALYSIS

This bill replaces the requirement that a public hearing on the plan to form a school administrative unit be held at least 60 days prior to the planning committee’s submission of the plan to the state board of education with a requirement that the planning committee hold a hearing no less than 14 days prior to submission of the plan. The bill makes a technical correction to the law relating to voting by members of the joint board of school administrative units by correcting a cross-reference to a repealed provision of law and amends current procedures for submitting a warrant article to the voters relative to establishing a school administrative unit planning committee.

Amendment adopted.

Ordered to third reading.

HB 488, relative to the definition of a developmentally delayed child in the provision of special education services. Education Committee. Vote 6-0. Ought to Pass, Senator J. King for the committee.

Adopted.

Ordered to third reading.

HB 313-FN, relative to the regulation of the practice of optometry. Executive Departments and Administration Committee. Vote 5-0. Ought to pass with amendment, Senator Francoeur for the committee.

1999-1358s

10/09

Amendment to HB 313-FN

 

Amend RSA 327:20, III(e) as inserted by section 13 of the bill by replacing it with the following:

(e) By assessing administrative fines established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues after notice, whichever is greater.

Amendment adopted.

Ordered to third reading.

HB 318, relative to recovery of costs in utility proceedings and relative to the appointment of public utilities commissioners. Executive Departments and Administration Committee. Vote 5-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

HB 55-FN-A, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2001. Vote 7-0. Finance Committee. Ought to Pass, Senator F. King for the committee.

Adopted.

Ordered to third reading.

HB 204-FN, relative to driving after license revocation or suspension. Finance Committee. Vote 7-0. Ought to pass with amendment, Senator Below for the committee.

1999-1366s

05/10

Amendment to HB 204-FN

 

Amend the bill by replacing paragraph V-a(a) as inserted by section 2 with the following:

V-a.(a) Except as provided in subparagraph (b), any person who drives a motor vehicle in this state during the period of suspension or revocation of his or her license or driving privilege and is involved in a collision resulting in death or serious bodily injury as defined in RSA 625:11, VI, to any person, shall be guilty of a class B felony, where such person’s unlawful operation of the motor vehicle caused or materially contributed to the collision. Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.

Amendment adopted.

Ordered to third reading.

HB 492-FN-A-L, reducing the state bond guarantee limit for wastewater projects. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Below for the committee.

1999-1393s

03/09

Amendment to HB 492-FN-A-LOCAL

 

Amend RSA 485-A:7 as inserted by section 1 of the bill by replacing it with the following:

485-A:7 State Guarantee. In view of the general public benefits resulting from the elimination of pollution from the public waters of the state, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at no time in excess of the total aggregate sum for the entire state of [$250,000,000] $175,000,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any municipality, town, city, county or district for construction of sewerage systems, sewage treatment and disposal plants, or other facilities necessary, required or desirable for pollution control, and the full faith and credit of the state are pledged for any such guarantee. The outstanding amount of principal and interest on such bonds and notes, the payment of which has been guaranteed by the state under the provisions of this section, shall at no time exceed the amount of [$250,000,000] $175,000,000. The state's guarantee shall be endorsed on such bonds or notes by the state treasurer; and all notes or bonds issued with state guarantee shall be sold at public sealed bidding to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it by action against the municipality, town, city, county or district as provided in RSA 530. Provided, further, that in accordance with RSA 35-A:29, the foregoing requirement for public sealed bidding shall not be applicable to any bonds or notes or both so guaranteed which are sold to the New Hampshire municipal bond bank, and any bonds or notes or both so guaranteed may be sold to the New Hampshire municipal bond bank at private sale in accordance with the provisions of RSA 35-A.

2 Effective Date. This act shall take effect 60 days after its passage.

1999-1393s

AMENDED ANALYSIS

This bill reduces the aggregate state bond guarantee limit for wastewater projects from $250,000,000 to $175,000,000.

This bill is a request of the department of environmental services.

Amendment adopted.

Ordered to third reading.

HB 494-FN-A, making an appropriation to the department of cultural resources for the purpose of funding participation of the state in the Smithsonian Festival of American Folklife. Finance Committee. Vote 7-0. Ought to Pass, Senator Larsen for the committee.

Adopted.

Ordered to third reading.

SB 158-FN, relative to indecent exposure. Finance Committee. Vote 7-0. Ought to Pass, Senator Russman for the committee.

Senator Russman moved to have SB 158-FN, relative to indecent exposure, laid on the table.

Adopted.

LAID ON THE TABLE

SB 158-FN, relative to indecent exposure.

SB 201-FN, reclassifying non-support as a felony under certain circumstances. Finance Committee. Vote 7-0. Ought to Pass, Senator McCarley for the committee.

Adopted.

Ordered to third reading.

SB 223-FN-A, establishing a wellness and primary prevention council and making an appropriation therefor. Finance Committee. Vote 6-0. Ought to pass with amendment, Senator Klemm for the committee.

1999-1385s

04/10

Amendment to SB 223-FN-A

 

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

AN ACT establishing a wellness and primary prevention council and making an appropriation therefor.

Amend the introductory paragraph of RSA 126-M:3, I as inserted by section 1 of the bill by replacing it with the following:

I. There is hereby established a wellness and primary prevention council which shall consist of 17 members as follows:

Amend RSA 126-M:3, I as inserted by section 1 of the bill by inserting after subparagraph (i) the following new subparagraph:

(j) Two members representing county government, one of whom shall be a human services administrator, appointed by the New Hampshire Association of Counties.

Amend the bill by replacing section 2 with the following:

2 Appropriation. The sum of $1 is hereby appropriated for the fiscal year ending June 30, 2000, for the purpose of funding the coordinator position established in RSA 126-M:3, III(c) as inserted by section 1 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

1999-1385s

AMENDED ANALYSIS

This bill establishes a wellness and primary prevention council for the purpose of encouraging, promoting, and coordinating wellness and primary prevention services statewide, and makes an appropriation therefor.

Amendment adopted.

Ordered to third reading.

HB 388, relative to telephone number conservation and area code implementation. Internal Affairs Committee. Vote 3-0. Ought to Pass, Senator Fraser for the committee.

Adopted.

Ordered to third reading.

HB 538, establishing a committee to study the new construction and repair of New Hampshire commemorative monuments at certain Civil War battle sites. Internal Affairs Committee. Vote 2-0. Ought to Pass, Senator D'Allesandro for the committee.

Adopted.

Ordered to third reading.

HB 205, relative to the requirement for posting of bond by an applicant for a writ of replevin. Judiciary Committee. Vote 4-0. Ought to Pass, Senator Fernald for the committee.

Adopted.

Ordered to third reading.

HB 278, relative to scheduling of district court sessions. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Pignatelli for the committee.

Adopted.

Ordered to third reading.

HB 345-FN, relative to harassment via the computer. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-1343s

09/01

Amendment to HB 345-FN

 

Amend the bill by replacing section 2 with the following:

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

Amendment adopted.

Ordered to third reading.

HB 714-FN, changing the potential penalties for certain acts of solicitation and conspiracy to commit murder and attempted murder to life in prison. Judiciary Committee. Vote 6-0. Ought to pass with amendment, Senator Cohen for the committee.

1999-1349s

05/09

Amendment to HB 714-FN

 

Amend the bill by replacing section 5 with the following:

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

Amendment adopted.

Ordered to third reading.

SUSPENSION OF THE RULES

Senator Trombly moved that the Rules of the Senate be so far suspended as to allow a House Bill into the Senate without referral to committee, a public hearing, notice of a hearing in the Senate Calendar, and with no calendar notice of committee report.

Adopted by the necessary 2/3 vote.

HB 68, adding the name of Martin Luther King, Jr. to Civil Rights Day.

SUSPENSION OF THE RULES

Senator Trombly moved that the Rules of the Senate be so far suspended as to allow House Bill 68 be on Second Reading at the present time.

Adopted by the necessary 2/3 vote.

HB 68, adding the name of Martin Luther King, Jr. to Civil Rights Day. Ought to pass.

Adopted.

Ordered to third reading.

HB 61, relative to political contributions by members of the ballot law commission. Public Affairs Committee. Vote 6-0. Ought to Pass, Senator Russman for the committee.

Adopted.

Ordered to third reading.

HB 251, relative to official ballot procedures. Public Affairs Committee. Vote 4-2. Inexpedient to Legislate, Senator Wheeler for the committee.

Senator Wheeler moved to rerefer.

Adopted.

HB 251 is rereferred to the Public Affairs Committee.

HB 374, relative to the order of names on presidential primary election ballots. Public Affairs Committee. Vote 4-2. Inexpedient to Legislate, Senator Trombly for the committee.

Senator Trombly moved to have HB 374, relative to the order of names on presidential primary election ballots, laid on the table.

Adopted.

LAID ON THE TABLE

HB 374, relative to the order of names on presidential primary election ballots.

HB 422, relative to advertising by rent-to-own businesses. Public Affairs Committee. Vote 5-0. Rereferred to Committee, Senator Roberge for the committee.

Adopted.

HB 422 is rereferred to the Public Affairs Committee.

HB 604, relative to filling a vacancy in the office of county commissioner. Public Affairs Committee. Vote 6-0. Ought to pass with amendment, Senator Disnard for the committee.

1999-1417s

10/09

Amendment to HB 604

 

Amend RSA 661:9, II as inserted by section 1 of the bill by replacing it with the following:

II.(a) If a vacancy occurs in the office of a county commissioner, the superior court shall fill the vacancy until the next biennial election of county officers. If the term filled is less than the unexpired term, then notwithstanding any provisions of RSA 653:1, VI, the commissioner district filled pursuant to this paragraph shall be added to the next biennial election ballot to be chosen by the inhabitants of the county for a 2-year term.

(b) The provisions of subparagraph (a) shall apply only where the vacancy occurred no later than 30 days preceding the printing of the ballots for the primary election.

(c) The provisions of RSA 655:32 and RSA 655:37 relating to nominations by appropriate party committees for vacancies in an office on a primary or general election ballot, respectively, shall apply to vacancies to be filled under this paragraph.

Amendment adopted.

Ordered to third reading.

HB 444, relative to establishing a study committee to review reestablishing passenger rail service on the Eastern Line between Newburyport, Massachusetts and Kittery, Maine. Transportation Committee. Vote 4-0. Ought to pass with amendment, Senator Russman for the committee.

1999-1392s

05/09

Amendment to HB 444

 

Amend paragraph I(a) as inserted by section 2 of the bill by replacing it with the following:

(a) Three members of the house of representatives, appointed by the speaker of the house.

Amend the bill by replacing section 4 with the following:

4 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

Amendment adopted.

Ordered to third reading.

HB 491, relative to qualifying examinations for individuals seeking driver's licenses, and driver education course requirements. Vote 5-0. Ought to pass with amendment, Senator Pignatelli for the committee.

1999-1386s

05/10

Amendment to HB 491

 

Amend the bill by replacing section 4 with the following:

4 Behind the Wheel Training Requirements Increased. Amend RSA 263:19 to read as follows:

263:19 Driver Education.

I. A driver's license may be issued subject to the provisions of this chapter to a person under the age of 18 years who has attained his sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle driver's school licensed under the provisions of this chapter. An approved driver education course, whether conducted by a secondary school or by a school licensed under this chapter, shall consist of both classroom instruction and behind the wheel driver training, in accordance with rules adopted pursuant to RSA 541-A, published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required.

II. To qualify for a driver’s license under this section, a person under the age of 18 shall also certify the completion of 25 hours of additional supervised driving time under the supervision of a licensed parent or guardian, or, if there is no licensed parent or guardian, under the supervision of a licensed adult over the age of 25. The commissioner shall adopt rules relative to the method of certification.

III. Any person who wishes to obtain a motorcycle endorsement shall not be required to complete the 25 hours of practice driving time specified in paragraph I, but shall successfully complete a program authorized pursuant to RSA 263:34-b and shall be exempt from RSA 263:14, II(c) while operating a motorcycle.

1999-1386s

AMENDED ANALYSIS

This bill requires all qualifying examinations for individuals seeking to obtain driver’s licenses be conducted by department of safety personnel. The bill also requires that persons under the age of 18 must complete 25 hours of additional supervised driving time with a parent or guardian in order to obtain a license. Motorcycle license applicants are exempted from the additional 25 hours of driving time.

Amendment adopted.

Ordered to third reading.

HB 541, establishing a committee to study the upgrade of Routes 11 and 140. Transportation Committee. Vote 5-0. Ought to pass with amendment, Senator Trombly for the committee.

1999-1391s

05/09

Amendment to HB 541

 

Amend paragraph I(b) as inserted by section 1 of the bill by replacing it with the following:

(b) Four members of the senate, appointed by the president of the senate.

Amend the bill by replacing section 2 with the following:

2 Study Submitted to the General Court. The committee shall submit the findings and recommendations made as a result of the study conducted pursuant to section 1 of this act to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2000.

Amendment adopted.

Ordered to third reading.

HB 566, relative to the supervision of the driver education program. Transportation Committee. Vote 3-0. Ought to pass with amendment, Senator Gordon for the committee.

1999-1340s

05/10

Amendment to HB 566

 

Amend the bill by replacing section 1 with the following:

1 Supervisory Authority Jointly Vested in the State Board of Education and Department of Safety. Amend RSA 186:11, XXXI to read as follows:

XXXI. Driver Education. Establish jointly with the department of safety, teacher qualifications, course content and standards, in connection with the driver education program conducted in secondary schools in this state; [promulgate] and adopt such rules [and regulations] as may be necessary to carry out the program and supervise the driver education program in the secondary schools of the state. Although authority is shared by the departments of safety and education, those regulations, directions and procedures that have a direct or indirect relationship to a life or safety issue shall rest with the department of safety as the final and ultimate authority.

Amendment adopted.

Ordered to third reading.

HOUSE MESSAGE

The House of Representatives refuses to concur with the Senate in the passage of the following entitled Senate Bill sent down from the Senate:

SB 43, creating a commission to research making Hilton Park in the city of Dover property of that city.

 

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bills sent down from the Senate:

SB 14, establishing a committee to study the impact of federal welfare reform on the cities and towns of New Hampshire.

SB 22, relative to the pilot program relative to the administration of medication in residential care facilities.

SB 64, relative to powers of appointment.

SB 80, adding the name of Martin Luther King, Jr. to Civil Rights Day.

SB 165, relative to the Uniform Trustees' Powers Act.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Senate Bills sent down from the Senate:

SB 42-L, establishing a committee to study safety improvements at the U.S. Route 1, traffic circle in the city of Portsmouth.

SB 152-L, relative to the procedures for establishing a charter school.

SB 155, relative to the naming of certain bridges in the city of Concord.

1999-1432-EBA

05/09

Enrolled Bill Amendment to SB 42-LOCAL

The Committee on Enrolled Bills to which was referred SB 42-LOCAL

AN ACT establishing a committee to study safety improvements at the U.S. Route 1 traffic circle in the city of Portsmouth.

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

 

Explanation to Enrolled Bill Amendment to SB 42-LOCAL

This enrolled bill amendment corrects a conflict between section 2 and section 4 of the bill regarding the appointment of the committee chairperson.

Enrolled Bill Amendment to SB 42-LOCAL

Amend subparagraph I(a) as inserted by section 2 of the bill by replacing it with the following:

(a) Two members of the senate, one of whom shall be from senate district 24, appointed by the president of the senate.

Senator Trombly moved adoption.

Adopted.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 101, relative to landlord-tenant obligations.

SENATE NON CONCURS AND REQUESTS A COMMITTEE OF CONFERENCE

SB 101, relative to landlord-tenant obligations.

Senator Trombly moved to non concur and requests a Committee of Conference.

Adopted.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

SENATORS: Trombly, Disnard, Russman

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 204, establishing the New Hampshire excellence in higher education endowment trust fund.

SENATE NON CONCURS AND REQUESTS A COMMITTEE OF CONFERENCE

SB 204, establishing the New Hampshire excellence in higher education endowment trust fund.

Senator McCarley moved to non concur and requests a Committee of Conference.

Adopted.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

SENATORS: Larsen, Gordon, Cohen

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 124, establishing a committee to study the integration of technology at the state and municipal level.

SENATE NON CONCURS AND REQUESTS A COMMITTEE OF CONFERENCE

SB 124, establishing a committee to study the integration of technology at the state and municipal level.

Senator D'Allesandro moved to non concur and requests a Committee of Conference.

Adopted.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

SENATORS: D'Allesandro, McCarley, Klemm

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 13, relative to the bonding authority of joint boards in joint maintenance agreements and relative to the eligibility of joint maintenance agreement districts for school building aid.

Senator McCarley moved to concur.

Adopted.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 215, transferring certain responsibilities for shellfish harvesting and regulation.

Senator Russman moved to concur.

Adopted.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 21, relative to domestic animals.

Senator Disnard moved to concur.

Adopted.

 

 

 

Recess.

Out of recess.

SUSPENSION OF THE RULES

Senator Hollingworth moved that the Rules of the Senate be so far suspended to allow a committee report not in the Calendar, and to further suspend as to the requirement of a five day notice for a hearing.

Adopted by the necessary 2/3 vote.

HB 300, making technical corrections to 1999, HB 117. Finance Committee. Ought to pass. Senator F. King for the committee.

Adopted.

Ordered to third reading.

 

ANNOUNCEMENTS

RESOLUTION

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.

Adopted.

LATE SESSION

Senator Cohen moved that the Senate be in recess for the purpose of House Messages, introduction of bills, Enrolled Bills Reports and amendments, and that when we adjourn, we adjourn until the Call of the Chair.

Adopted.

Third reading and Final Passage

HB 55-FN-A, setting the rate for the medicaid enhancement tax for the biennium ending June 30, 2001.

HB 61, relative to political contributions by members of the ballot law commission.

HB 68, adding the name of Martin Luther King, Jr. to Civil Rights Day.

SB 201-FN, reclassifying non-support as a felony under certain circumstances.

HB 204-FN, relative to driving after license revocation or suspension.

HB 205, relative to the requirement for posting of bond by an applicant for a writ of replevin.

SB 223-FN-A, establishing a wellness and primary prevention council and making an appropriation therefor.

HB 278, relative to scheduling of district court sessions.

HB 300, making technical corrections to 1999, HB 117.

HB 313-FN, relative to the regulation of the practice of optometry.

HB 318, relative to recovery of costs in utility proceedings and relative to the appointment of public utilities commissioners.

HB 345-FN, relative to harassment via the computer.

HB 362, relative to dam safety program violations.

HB 388, relative to telephone number conservation and area code implementation.

HB 428, relative to school administrative units.

HB 441, relative to a mother's right to breast-feed.

HB 444, relative to establishing a study committee to review reestablishing passenger rail service on the Eastern Line between Newburyport, Massachusetts and Kittery, Maine.

HB 477-FN, changing certain requirements for temporary plates on motor vehicles.

HB 488, relative to the definition of a developmentally delayed child in the provision of special education services.

HB 491, relative to qualifying examinations for individuals seeking driver's licenses, and driver education course requirements.

HB 492-FN-A-L, reducing the state bond guarantee limit for wastewater projects.

HB 494-FN-A, making an appropriation to the department of cultural resources for the purpose of funding participation of the state in the Smithsonian Festival of American Folklife.

HB 538, establishing a committee to study the new construction and repair of New Hampshire commemorative monuments at certain Civil War battle sites.

HB 541, establishing a committee to study the upgrade of Routes 11 and 140.

HB 552, relative to the issuance of crossbow permits to persons with a permanent physical disability.

HB 554, relative to driver education reciprocity.

HB 566, relative to the supervision of the driver education program.

HB 573, clarifying the status of class VI highways.

HB 593-FN-L, relative to the classification of class VI roads which have been maintained by a town.

HB 604, relative to filling a vacancy in the office of county commissioner.

HB 619-FN, requiring the commissioner of health and human services to produce certain annual reports.

HB 624-FN, establishing a committee relative to health care quality.

HB 689-FN, establishing a committee to study campaign contributions and expenditures.

HB 714-FN, changing the potential penalties for certain acts of solicitation and conspiracy to commit murder and attempted murder to life in prison.

Adjourned to the Call of the Chair.