The Senate met at 9:45 a.m.

A quorum was present.

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

Senator Fraser led the Pledge of Allegiance.

Senator Brown is excused for the day.

Senator Cohen moved to vacate SB 69-LOCAL, relative to health care charitable trusts and community benefits, from the Executive Departments and Administration Committee to the Public Institutions and Health and Human Services Committee.

The House of Representatives is ready to meet with the honorable Senate in Joint Convention for the purpose of hearing the budget message by the Governor, her Excellency, C. Jeanne Shaheen.

Senator Cohen moved that the Senate now be in recess to meet in Joint Convention with the House of Representatives to hear the budget message by the Governor, her Excellency, C. Jeanne Shaheen.

Senator Cohen moved that Senate Rule 22-a be so far suspended as to allow the committee to have no recommendation on the report of SB 51-FN-A-Local, establishing a referendum for a new taxation plan to fund public education.

SB 51-FN-A-Local, establishing a referendum for a new taxation plan to fund public education. Public Affairs committee, Senator Trombly for the committee.

Senator Below moved to have SB 51-FN-A-Local, establishing a referendum for a new taxation plan to fund public education, laid on the table.

SB 51-FN-A-Local, establishing a referendum for a new taxation plan to fund public education.

Senator Below offered the following Resolution:

1999 SESSION

99-1016

03/01

ANALYSIS

99-1016

03/01

STATE OF NEW HAMPSHIRE

Whereas, Part I, Article 28 of the Constitution of New Hampshire states: "No subsidy, charge, tax, impost, or duty, shall be established, fixed, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body," N.H. CONST. pt. I, art. 28 (emphasis added); and

Whereas, in Claremont School District v. Governor, 142 N.H. 462 (1997) (Claremont II), the New Hampshire Supreme Court held that the current school tax as presently structured is disproportionate and unreasonable in violation of the Constitution of New Hampshire; and

Whereas, the decision in Claremont II necessitates a major change in the tax structure of the state of New Hampshire that will have a substantial impact on the people of New Hampshire; and

Whereas, Senate Bill 51-FN-A-LOCAL establishes a procedure whereby the legislature may submit a question regarding the imposition of statewide taxes for the funding of a constitutionally adequate education to the vote of the people by ballot and would allow the New Hampshire people to choose among tax plans enacted by the legislature; and

Whereas, that portion of Part I, Article 28 stating "without the consent of the people, or their representatives" appears to reserve a right for the people of New Hampshire to consent to taxation, and that this right is distinct from and in addition to the authority of the legislature to establish taxes; and

Whereas, Part II, Articles 2 and 5 of the Constitution of New Hampshire generally vest the power and authority to enact laws in the New Hampshire Senate and House of Representatives; and

Whereas, a public hearing has been held before the senate committee on public affairs on SB 51-FN-A-LOCAL, and a question has been raised as to whether a referendum to secure the consent of the people as to a tax plan enacted by the legislature, offered under the apparent right vested in the people in Part I, Article 28, is precluded by the power and authority vested in the legislature under Part II, Articles 2 and 5; and

Whereas, SB 51-FN-A-LOCAL raises an important question of law awaiting further consideration and action in the New Hampshire Senate; now, therefore, be it

Resolved by the Senate:

That the Justices of the Supreme Court be respectfully requested to give their opinion as expeditiously as possible on the following questions of law:

1. Would the process contained in SB 51-FN-A-LOCAL, providing for a referendum enabling the New Hampshire people to choose a tax plan enacted by the legislature to fund a constitutionally adequate public education, based on the authority and right of Part I, Article 28, be in any way repugnant or contrary to the Constitution of New Hampshire?

2. Would the process contained in SB 51-FN-A-LOCAL, providing for a referendum enabling the New Hampshire people to choose a tax plan enacted by the legislature to fund a constitutionally adequate public education be an unconstitutional delegation of legislative authority that is repugnant or contrary to the Constitution of New Hampshire?

That the clerk of the senate transmit copies of this resolution and SB 51-FN-A-LOCAL, as introduced, to the Justices of the New Hampshire Supreme Court.

Senator Cohen moved to vacate SB 108, relative to the dispensing of medications by optometrists, from the Executive Departments and Administration Committee to the Public Institutions and Health and Human Services Committee.

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, all bills ordered to third reading be by this resolution read a third time and passed.

Senator Cohen moved that the business of the day being completed, that the Senate be in recess for the sole purpose of introducing legislation, printing of bills, referring bills to committee, scheduling committee hearings and Enrolled Bills Reports and amendments and that when we adjourn we adjourn to Thursday, February 18, 1999 at 10 a.m.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the clerk, Senate Bills numbered 157-CACR 20 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.

99-0221

SB 157, clarifying that a prisoner’s right to vote absentee is in his or her town or city of former residence. (Sen. Larsen, Dist 15; Sen. D’Allesandro, Dist 20; Sen. Fraser, Dist 4; Sen. F. King, Dist 1; Rep. Gile, Merr 16; Rep. Rosen, Belk 7; Rep. Emerton, Hills 7; Rep. Mears, Coos 7; Rep. Seldin, Merr 17: Public Affairs)

99-0321

SB 158 -FN, relative to indecent exposure. (Sen. J. King, Dist 18; Sen. Trombly, Dist 7; Rep. Stritch, Rock 5; Rep. Dwyer, Hills 43: Judiciary)

99-0456

SB 159, relative to early reduction of greenhouse gases. (Sen. Cohen, Dist 24; Sen. Russman, Dist 19; Sen. Below, Dist 5; Rep. Bradley, Carr 8; Rep. Norelli, Rock 31; Rep. Konys, Hills 33: Environment)

99-0542

SB 160, establishing a committee to study and identify or establish the duties of the fish and game commission. (Sen. Disnard, Dist 8; Sen. Trombly, Dist 7; Rep. Abbott, Rock 19; Rep. Blaisdell, Ches 19: Wildlife and Recreation)

99-0550

SB 161-LOCAL, relative to amending the contributory pension system for employees of the city of Manchester. (Sen. D’Allesandro, Dist 20; Sen. J. King, Dist 18; Sen. Blaisdell, Dist 10; Rep. Buckley, Hills 44; Rep. Vaillancourt, Hills 44: Insurance)

99-0601

SB 162, establishing the voluntary small employer health insurance purchasing alliance. (Sen. Fraser, Dist 4; Sen. Trombly, Dist 7: Insurance)

99-0786

SB 163, establishing a commission to study methods for reducing violent incidents involving children and guns. (Sen. Cohen, Dist 24; Sen. Trombly, Dist 7; Sen. Johnson, Dist 3; Rep. Welch, Rock 18; Rep. Pepino, Hills 40; Rep. M. Fuller Clark, Rock 36; Rep. Konys, Hills 33; Rep. Buckley, Hills 44: Judiciary)

99-0557

SB 164, relative to persons exempted from the registration of ophthalmic dispensers. (Sen. McCarley, Dist 6; Sen. J. King, Dist 1; Rep. Copenhaver, Graf 10: Public Institutions, Health and Human Services)

99-0875

SB 165, relative to the Uniform Trustees’ Powers Act. (Sen. Gordon, Dist 2; Rep. Millham, Belk 4: Judiciary)

99-0904

SB 166, requiring insurance coverage for certain physical, occupational, and speech therapies. (Sen. Squires, Dist 12: Insurance)

99-0908

SB 167, relative to off-label prescription drugs. (Sen. Wheeler, Dist 21; Rep. M. Fuller Clark, Rock 36; Rep. C. Moore, Merr 19: Insurance1)

99-0968

SB 168, adopting a model statute as a result of the tobacco litigation master settlement agreement. (Sen. Below, Dist 5: Ways and Means)

99-0991

SB 169-FN-A, establishing a commission to study the department of health and human services and making an appropriation therefor. (Sen. Hollingworth, Dist 23; Sen. J. King, Dist 18; Sen. F. King, Dist 1; Rep. Torr, Straf 12: Public Institutions, Health and Human Services)

99-1009

SB 170-FN-A, establishing a parents as teachers pilot program in Sullivan county and making an appropriation therefor. (Sen. Wheeler, Dist 21; Sen. Disnard, Dist 8; Sen. McCarley, Dist 6; Rep. Allison, Sull 10; Rep. Durham, Hills 22; Rep. Estabrook, Straf 8; Rep. M. Smith, Straf 8: Education)

99-0579

SB 171-FN, relative to homelessness in New Hampshire. (Sen. D’Allesandro, Dist 20; Rep. Garrish, Hills 37: Public Institutions, Health and Human Services)

99-0731

SB 172, relative to representation by a citizen in a court proceeding. (Sen. Roberge, Dist 9; Sen. Johnson, Dist 3; Rep. Pepino, Hills 40; Rep. Mirski, Graf 12; Rep. Richardson, Ches 12; Rep. Hunter, Hills 7; Rep. L. Jean, Hills 17: Judiciary)

99-0832

SB 173-FN, relative to optional allowances for beneficiaries of New Hampshire retirement system members. (Sen. J. King, Dist 18; Sen. Hollingworth, Dist 23; Sen. Trombly, Dist 7; Rep. Dyer, Hills 8; Rep. Dwyer, Hills 43: Insurance)

99-0837

SB 174, relative to the regulation of telemarketers. (Sen. Disnard, Dist 8; Sen. Blaisdell, Dist 10; Rep. Flint, Sull 4; Rep. Leone, Sull 2; Rep. Turner, Belk 7; Rep. Russell, Ches 15: Executive Departments and Administration)

99-0844

SB 175-FN, requiring insurance coverage for prescription contraceptive drugs and devices and for contraceptive services. (Sen. Wheeler, Dist 21; Sen. Squires, Dist 12; Sen. Larsen, Dist 15; Sen. Russman, Dist 19; Rep. M. Fuller Clark, Rock 36; Rep. Norelli, Rock 31; Rep. Keans, Straf 16; Rep. Hager, Merr 18: Insurance)

99-0913

SB 176-FN-A, relative to technology support for individuals and making an appropriation therefor. (Sen. Hollingworth, Dist 23; Sen. J. King, Dist 18: Public Institutions, Health and Human Services)

99-0936

SB 177, allowing marriage and family therapists to obtain third party payment for services rendered which would otherwise qualify for such payments. (Sen. Wheeler, Dist 21; Rep. C. Moore, Merr 19: Insurance)

99-0956

SB 178-FN-A, appropriating funds for mitigation relative to the dredging of Little Harbor. (Sen. Cohen, Dist 24; Rep. Cox, Rock 24: Environment)

99-0961

SB 179-FN, allowing for motor vehicle license suspension or revocation for certain minors. (Sen. Wheeler, Dist 21: Transportation)

99-0960

SB 180, establishing a committee to study the improvement of employment opportunities offered by the state of New Hampshire for persons with disabilities. (Sen. Trombly, Dist 7; Sen. J. King, Dist 18; Rep. Torr, Straf 12; Rep. Thomas, Belk 3: Executive Departments and Administration)

99-0470

SB 181-FN, relative to the licensure of geologists. (Sen. Cohen, Dist 24; Sen. Roberge, Dist 9; Rep. Wendelboe, Belk 2: Executive Departments and Administration)

99-1016

SR 1, A resolution requesting an opinion of the justices concerning the constitutionality of SB 51-FN-A-LOCAL.(Sen. Below, Dist 5; Sen. Trombly, Dist 7)

99-0967

SJR 1, a resolution supporting the reduction of the sulfur content of gasoline. (Sen. Below, Dist 5; Sen. Russman, Dist 19; Sen. Cohen, Dist 24; Rep. Bradley, Carr 8; Rep. Norelli, Rock 31; Environment)

99-0907

SCR 2, a resolution urging the President and Congress to strengthen the finances of Social Security. Sen. Wheeler, Dist 21; Sen. J. King, Dist 18; Sen. McCarley, Dist 6; Sen. Larsen, Dist 15; Insurance)

99-0296

CACR 16, relating to use of statewide property and personal income taxes providing that the general court shall use net revenues from statewide property and personal income taxes exclusively for educational purposes. (Sen. Below, Dist 5; Rep. Fernald, Dist 11; Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Trombly, Dist 7; Rep. Sapareto, Rock 13: Education

99-0962

CACR 17, relating to establishing a restricted education trust fund. Providing that an education trust fund be established, that all moneys designated for the purpose of state aid to education shall be deposited into such trust fund, and that the moneys in such trust fund shall be used exclusively for state aid to education. (Sen. Larsen, Dist 15; Sen. J. King, Dist 18; Sen. Blaisdell, Dist 10; Sen. McCarley, Dist 6; Sen. Disnard, Dist 8; Sen. Trombly, Dist 7; Sen. Pignatelli, Dist 13; Sen. D’Allesandro, Dist 20; Sen. Hollingworth, Dist 23; Sen. Cohen, Dist 24; Education)

99-0946

CACR 18, relating to jury trials in child custody proceedings. Providing that there shall be a right to a jury trial in all proceedings involving child custody. (Sen. Johnson, Dist 3; Sen. Krueger, Dist 16; Judiciary)

99-0509

CACR 19, relating to 5-year renewable terms for all state judges and the age limit for state judges and county sheriffs. providing that all state judges be commissioned for renewable 5-year terms and that there shall be no age limit for state judges and county sheriffs. (Sen. Brown, Dist 17; Sen. Roberge, Dist 9; Rep. Kennedy, Merr 7; Rep. Boyce, Belk 5; Judiciary)

99-0842

CACR 20, relating to the election of governor and senators. Providing that beginning with the 2002 general election, and every 4 years thereafter, the governor and senators shall be elected. (Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24; Sen. J. King, Dist 18; Sen. Larsen, Dist 15; Sen. McCarley, Dist 6; Rep. M. Fuller Clark, Rock 36; Internal Affairs)