SENATE

JOURNAL 29 (cont.)

October 22, 1999

Out of Recess.

1999-2172-EBA

04/09

Enrolled Bill Amendment to HB 501-FN-A

The Committee on Enrolled Bills to which was referred HB 501-FN-A

AN ACT relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton.

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 HB 501-FN-A

This enrolled bill amendment changes the effective date to upon passage.

Enrolled Bill Amendment to HB 501-FN-A

Amend the bill by replacing section 4 with the following:

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

Senator Trombly moved adoption.

Adopted.

 

1999-2209-EBA

04/01

 

Enrolled Bill Amendment to HB 224-FN-A

The Committee on Enrolled Bills to which was referred HB 224-FN-A

AN ACT establishing a joint committee on code enforcement.

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 HB 224-FN-A

This enrolled bill amendment changes the effective date of the bill to upon passage.

Enrolled Bill Amendment to HB 224-FN-A

Amend the bill by replacing section 2 with the following:

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

Senator D'Allesandro moved adoption.

Adopted.

 

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 363, increasing the bonding limit of the school building authority.

Senator D'Allesandro moved adoption.

Adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 84, establishing a committee to study the penalties for driving under the influence of intoxicating liquor or controlled drugs in the state, and the education and treatment services available to offenders.

Senator D'Allesandro moved adoption.

Adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 537, relative to background checks for firearm purchases.

HB 645, relative to telecommunications equipment assistance and the enhanced 911 system.

Senator D'Allesandro moved adoption.

Adopted.

HOUSE MESSAGE

The House of Representatives concurs with the Senate in the adoption of the amendments to the following entitled House Bill sent down from the Senate:

HB 577, relative to the power of a school district to expend catastrophic special education funds and relative to the exemption of certain unexpected catastrophic special education expenses from the provisions of the municipal budget law.

HB 746, relative to emergency police assistance.

 

LATE SESSION

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Wednesday, November 3, 1999 at 10:00 a.m.

Adopted.

Adjournment.

SENATE

JOURNAL 30

November 3, 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, when the sparks of Your love are flying around us, give us each the capacity to see that You’re sharpening us with the whetstone of Your will for us. Help us to relax and to let go of the anxiety that always comes when we trick ourselves into thinking that we are the ones in charge and that You’re our assistant, rather than seeing the truth, which is the other way around. Amen.

Senator Trombly led the Pledge of Allegiance.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 224, establishing a joint committee on code enforcement.

HB 501, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton.

HB 577, relative to the power of a school district to expend catastrophic special education funds and relative to the exemption of certain unexpected catastrophic special education expenses from the provisions of the municipal budget law.

Senator D’Allesandro moved adoption.

Adopted.

HOUSE MESSAGE

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

HB 109-FN-A-L, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor.

Senator F. King moved to have HB 109-FN-A-L, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor, laid on the table.

Adopted.

LAID ON THE TABLE

HB 109-FN-A-L, establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor.

 

HOUSE MESSAGE

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

HB 346-FN-A, relative to permissible fireworks.

And requests a Committee of Conference.

The Speaker, on the part of the House of Representatives, has appointed as members of said Committee of Conference:

REPRESENTATIVES: Bruce Hunter, David Welch, Walter Mikowlski, Steve Vaillancourt

SENATE ACCEDES TO HOUSE REQUEST FOR A COMMITTEE OF CONFERNCE

HB 346-FN-A, relative to permissible fireworks.

Senator Cohen moved to accede to the request for a Committee of Conference.

Adopted.

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

SENATORS: D’Allesandro, Disnard, Johnson

 

COMMITTEE REPORTS

HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor. Wildlife and Recreation Committee. Vote 6-1. Ought to Pass, Senator D'Allesandro for the committee.

Senator Russman moved to have HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor, laid on the table.

Adopted.

LAID ON THE TABLE

HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor.

TAKEN OFF THE TABLE

Senator Russman moved to have HB 625-FN-A, relative to a mercury emissions reduction and control program and a study of mercury in ash landfills, taken off the table.

Adopted.

HB 625-FN-A, relative to a mercury emissions reduction and control program and a study of mercury in ash landfills.

Senator Johnson offered a floor amendment.

Sen. Johnson, Dist. 3

1999-2227s

08/01

Floor Amendment to HB 625-FN-A

Amend RSA 125-L:8 as inserted by section 1 of the bill by replacing it with the following:

125-L:8 Reimbursement of Mandated Costs.

I. The state shall reimburse, through the department, all eligible costs to any solid waste management district or regional refuse disposal district served by a municipal waste combustor required to comply with the emission limits established by this chapter. The department shall reimburse such eligible costs over the same period as any such district has amortized those costs, provided that such amortization period shall not be less than 5 years.

II. The department shall determine the eligible costs to any district served by a municipal waste combustor subject to this chapter and reimburse such eligible costs with prior approval of governor and council.

1999-2227s

AMENDED ANALYSIS

This bill establishes a mercury emissions reduction and control program.

This bill requires that the state reimburse, through the department of environmental services, all eligible costs to any solid waste management district or regional refuse disposal district served by a municipal waste combustor required to comply with the emission limits established by this bill.

This bill also requires the department to conduct a study of the implications of increased mercury levels in the state’s ash landfills in order to ensure maximum protection measures from ash contaminants.

Floor amendment adopted.

Senator Below moved to rerefer.

Question is on the motion to rerefer.

A roll call was requested by Senator Disnard.

Seconded by Senator Francoeur.

The following Senators voted Yes: F. King, Fraser, Below, Roberge, Fernald, Squires, Francoeur, Russman.

The following Senators voted No: Gordon, Johnson, McCarley, Trombly, Disnard, Pignatelli, Larsen, Krueger, Brown, J. King, D’Allesandro, Wheeler, Klemm, Cohen.

Yeas: 8 - Nays: 14

Motion failed.

Ordered to third reading.

TAKEN OFF THE TABLE

Senator Trombly moved to have HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor, taken off the table.

Adopted.

HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor.

Question is on the motion of ought to pass.

SUBSTITUTE MOTION

Senator Wheeler moved to substitute rerefer for ought to pass.

Question is on the substitute motion of rerefer.

A roll call was requested by Senator Gordon.

Seconded by Senator Pignatelli.

The following Senators voted Yes: Below, McCarley, Fernald, Pignatelli, Larsen, Russman, Wheeler, Cohen.

The following Senators voted No: F. King, Gordon, Johnson, Fraser, Trombly, Disnard, Roberge, Squires, Francoeur, Krueger, Brown, J. King, D’Allesandro, Klemm.

Yeas: 8 - Nays: 14

Motion failed.

Question is on the committee report of ought to pass.

Adopted.

Question is on ordering to third reading.

A roll call was requested by Senator Wheeler.

Seconded by Senator Pignatelli.

The following Senators voted Yes: F. King, Gordon, Johnson, Fraser, McCarley, Trombly, Disnard, Roberge, Francoeur, Larsen, Krueger, Brown, J. King, D’Allesandro, Klemm, Cohen.

The following Senators voted No: Below, Fernald, Squires, Pignatelli, Russman, Wheeler.

Yeas: 16 - Nays: 6

Adopted.

Ordered to third reading.

TAKEN OFF THE TABLE

Senator Larsen moved to have HB 643-FN-A-L, transferring the regulation of emergency medical services from the department of health and human services to the department of safety, taken off the table.

Adopted.

HB 643-FN-A-L, transferring the regulation of emergency medical services from the department of health and human services to the department of safety.

Question is on the motion of ought to pass.

Adopted.

Ordered to third reading.

 

VETO

To the Honorable Members of the General Court: July 7, 1999

I have this day vetoed SB 103, making certain changes in the insurance laws.

I am vetoing this bill because Sections 3 and 4 include an upgrade of the salary for the assistant insurance commissioner. I believe we need to conduct a comprehensive review of the unclassified salary structure for state officials rather than address individual salaries on a piecemeal basis. The Legislature has passed HB 414, which authorizes such a study. I will sign HB 414 when it reaches my desk.

I would support enactment into law of the remaining sections of SB 103 and have so advised the sponsor of this legislation.

Respectfully submitted,

Jeanne Shaheen

 

Question is on notwithstanding the governor’s veto

Motion failed.

Veto sustained.

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 999-FN-A-L, establishing a uniform education property tax to provide funding for an adequate public education and providing education property tax hardship relief to low and moderate income taxpayers.

SUSPENSION OF THE RULES

Senator D’Allesandro moved that the Rules of the Senate be so far suspended as to allow an introduction of a bill after the deadline.

Adopted by the necessary 2/3 vote.

SUSPENSION OF THE RULES

Senator D’Allesandro moved that the Rules of the Senate be so far suspended as to referral to committee, holding of public hearing, a committee report, and notices in the calendar and further move that HB 999 be on second reading at the present time.

Adopted by the necessary 2/3 vote.

HB 999-FN-A-L, establishing a uniform education property tax to provide funding for an adequate public education and providing education property tax hardship relief to low and moderate income taxpayers.

Adopted.

Question is on ordering to third reading.

A roll call was requested by Senator Francoeur.

Seconded by Senator Larsen.

The following Senators voted Yes: F. King, Johnson, Fraser, Below, McCarley, Trombly, Disnard, Fernald, Squires, Pignatelli, Larsen, J. King, Russman, D'Allesandro, Wheeler, Klemm.

The following Senators voted No: Gordon, Roberge, Francoeur, Krueger, Brown, Hollingworth, Cohen.

Yeas: 16 - Nays: 7

Adopted.

Ordered to third reading.

TAKEN OFF THE TABLE

Senator Below moved to have HB 572-FN-A, relative to the apportionment provisions of the business profits tax, taken off the table.

Adopted.

HB 572-FN-A, relative to the apportionment provisions of the business profits tax.

Adopted.

Ordered to third reading.

TAKEN OFF THE TABLE

Senator Trombly moved to have HB 375, relative to substitutions for disqualified and deceased candidates, taken off the table.

Adopted.

HB 375, relative to substitutions for disqualified and deceased candidates.

Question is on the committee report of ought to pass.

SUBSTITUTE MOTION

Senator Trombly moved to substitute rerefer for ought to pass.

Adopted.

HB 375 is rereferred to the Executive Departments and Administration Committee.

HOUSE MESSAGE

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

HB 294-FN-L, relative to state aid to municipalities for closure of certain municipal incinerators.

HB 649-FN, relative to nitrogen oxide emissions from electricity generation.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 746, relative to emergency police assistance.

Senator D'Allesandro moved adoption.

Adopted.

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 sole purpose of Enrolled Bills Reports and amendments, and that when we adjourn we adjourn to the Call of the Chair.

Adopted.

Third Reading and Final Passage

HB 572-FN-A, relative to the apportionment provisions of the business profits tax.

HB 625-FN-A, relative to a mercury emissions reduction and control program and a study of mercury in ash landfills.

HB 643-FN-A-L, transferring the regulation of emergency medical services from the department of health and human services to the department of safety.

HB 704-FN-A, establishing a wildlife damage control program and making an appropriation therefor.

HB 999-FN-A-L, establishing a uniform education property tax to provide funding for an adequate public education and providing education property tax hardship relief to low and moderate income taxpayers.

Adopted.

In recess to the Call of the Chair.

Out of recess.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 999-FN-A-L, establishing a uniform education property tax to provide funding for an adequate public education and providing education property tax hardship relief to low and moderate income taxpayers.

Senator D'Allesandro moved adoption.

Adopted.

1999-2235-EBA

04/10

Enrolled Bill Amendment to HB 643-FN-A-LOCAL

The Committee on Enrolled Bills to which was referred HB 643-FN-A-LOCAL

AN ACT transferring the regulation of emergency medical services from the department of health and human services to the department of safety.

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 HB 643-FN-A-LOCAL

This enrolled bill amendment corrects certain RSA and other references in the bill.

Enrolled Bill Amendment to HB 643-FN-A-LOCAL

Amend section 5 of the bill by replacing line 1 with the following:

5 Unclassified Salary. Amend RSA 94:1-a, I by inserting in group N the following: director of

Amend RSA 153-A:7, II(a) as inserted by section 6 of the bill by replacing line 2 with the following:

medical services medical control board, and the trauma medical review committee, in accordance with

Amend paragraph IV of section 12 of the bill by replacing line 3 with the following:

first-appointed director of emergency medical services shall be at step 1 of RSA 94:1-a, I, group N.

Senator D'Allesandro moved adoption.

Adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 294, relative to state aid to municipalities for closure of certain municipal incinerators.

Senator D'Allesandro moved adoption.

Adopted.

 

1999-2238-EBA

03/01

Enrolled Bill Amendment to HB 704-FN-A

The Committee on Enrolled Bills to which was referred HB 704-FN-A

AN ACT establishing a wildlife damage control program and making an appropriation therefor.

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 HB 704-FN-A

This enrolled bill amendment changes a date to avoid retroactive application of a reporting provision and clarifies certain references in the bill.

Enrolled Bill Amendment to HB 704-FN-A

Amend RSA 207:22-b, III as inserted by section 4 of the bill by replacing line 2 with the following:

beginning in 2000, to the governor, the senate president, the speaker of the house, and the

Amend RSA 207:22-c, II(d) as inserted by section 4 of the bill by replacing line 3 with the following:

shall make its determinations based on urgency of need for damage relief and any other factors

Amend paragraph II of section 9 of the bill by replacing line 1 with the following:

II. The executive director of the fish and game department may accept and expend federal funds and funds from any other

Senator D'Allesandro moved adoption.

Adopted.

 

1999-2237-EBA

05/09

Enrolled Bill Amendment to HB 649-FN

The Committee on Enrolled Bills to which was referred HB 649-FN

AN ACT relative to nitrogen oxide emissions from electricity generation.

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 HB 649-FN

This enrolled bill amendment corrects the numbering of a subparagraph.

Enrolled Bill Amendment to HB 649-FN

Amend section 4 of the bill by replacing lines 2 and 3 with the following:

by inserting after subparagraph (zzz) the following new subparagraph:

(aaaa) Moneys received by the department of environmental services under RSA 125-

Senator D'Allesandro moved adoption.

Adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 572, relative to the apportionment provisions of the business profits tax.

HB 643, transferring the regulation of emergency medical services from the department of health and human services to the department of safety.

Senator D'Allesandro moved adoption.

Adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS

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

HB 649, relative to nitrogen oxide emissions from electricity generation.

HB 704, establishing a wildlife damage control program and making an appropriation therefor.

Senator D'Allesandro moved adoption.

Adopted.

In recess to the Call of the Chair.