Out of Recess.

HB 54, allowing simultaneous service of a demand for rent and a notice to quit.

HB 75, changing the number required for a quorum on the commission for human rights.

HB 60, relative to meetings of the ballot law commission.

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

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

HB 207-FN-A, directing the office of state planning to conduct a study of the effects of sprawl in the state and making and appropriation therefor.

HB 227, establishing a committee to study the maintenance of voter checklist.

HB 228, clarifying permissible political expenditures.

HB 231, relative to approval of applications in the charter schools pilot program.

HB 240, prohibiting the reintroduction of wolf populations to the state of New Hampshire .

HB 248, relative to the Monadnock advisory commission.

HB 249, relative to the membership of the rivers management advisory committee.

HB 295-FN-L, relative to alternative kindergarten programs in cooperative school districts.

HJR 1, requesting that the federal government prohibit the U.S. Fish and Wildlife Service or other federal agency from introducing wolf populations to the northeastern United States, especially New Hampshire.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 54 - HJR 1 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

HB 54, allowing simultaneous service of a demand for rent and a notice to quit. Public Affairs.

HB 75, changing the number required for a quorum on the commission for human rights. Executive Departments and Administration.

HB 60, relative to meetings of the ballot law commission. Executive Departments and Administration.

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

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

HB 207-FN-A, directing the office of state planning to conduct a study of the effects of sprawl in the state and making and appropriation therefor. Environment.

HB 227, establishing a committee to study the maintenance of voter checklist. Public Affairs.

HB 228, clarifying permissible political expenditures. Public Affairs.

HB 231, relative to approval of applications in the charter schools pilot program. Education.

HB 240, prohibiting the reintroduction of wolf populations to the state of New Hampshire. Wildlife and Recreation.

HB 248, relative to the Monadnock advisory commission. Executive Departments and Administration.

HB 249, relative to the membership of the rivers management advisory committee. Environment.

HB 284-L, relative to recount procedures in school districts. Public Affairs.

HB 295-FN-L, relative to alternative kindergarten programs in cooperative school districts. Education.

HJR 1, requesting that the federal government prohibit the U.S. Fish and Wildlife Service or other federal agency from introducing wolf populations to the northeastern United States, especially New Hampshire. Wildlife and Recreation.

Senator Cohen moved that the business of the day being completed that the Senate now adjourn until Thursday, February 18, 1999 at 10:00 a.m.

The Senate met at 10:00 a.m.

A quorum was present.

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

Senator Below led the Pledge of Allegiance.

Senator Klemm is excused for the day.

SB 48-FN-L, relative to establishing an adequate education and education financing reform commission and relative to state grants for educational adequacy for the fiscal years 2000 and 20001, and making an appropriation therefor. Education Committee. Vote 9-0. Inexpedient to legislate, Senator Larsen for the committee.

SB 49-FN-A-L, relative to establishing the cost of an adequate education, and relative to creating a commission to study the methodology used in establishing the cost of an adequate education, and making an appropriation therefor. Education Committee. Vote 7-2. Ought to pass with amendment, Senator McCarley for the committee.

1999-0145s

04/09

Amendment to SB 49-FN-A-LOCAL

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

1 Purpose; Intent.

I. In December 1997, the New Hampshire supreme court in the Claremont II decision ruled that it is the state’s duty to define and provide all New Hampshire’s public school students with an adequate education, and further that the manner of raising revenue to pay for an adequate education be through a system of taxation that is proportional in substance and just and reasonable in application.

II. Through the passage of House Bill 1075, the general court defined an adequate education. The definition grew out of work undertaken in the early 1990’s to develop curriculum frameworks which specifically address the importance of establishing and measuring what all New Hampshire students should know and be able to do. The curriculum frameworks were developed with the widespread participation of educators, business people, government officials, community representatives, and parents. They have evolved into a critical component of providing a quality public education to New Hampshire students.

III. The New Hampshire educational improvement and assessment program ("NHEIAP") tests were developed in conjunction with the curriculum frameworks as a measure of student performance. The general court therefore finds that the NHEIAP tests are a measure of student performance and can be used to develop and implement effective methods for assessing learning and its application. The general court further finds that in determining the cost of a constitutionally adequate education, performance based outcome criteria, specifically the NHEIAP test scores, can be used to identify school districts that are delivering such a constitutionally adequate education. The NHEIAP tests are comprehensive and difficult. Students taking these tests in the third, sixth, and tenth grades are scored on 4 levels of performance: novice, basic, proficient, and advanced. The general court finds that students who score in the basic, proficient, and advanced levels on these state tests are making progress toward achieving the goals set forth in House Bill 1075. The general court also finds that school districts that have 40 to 100 percent of students scoring at or above the basic level are providing an adequate education. As such, in determining the cost of an adequate education, the general court includes all school districts with 40 to 100 percent of students scoring at or above the basic level. Furthermore, each school district shall receive 70 percent of its total transportation costs. Each school district shall receive special education costs as defined in this act.

IV. The general court recognizes the inherent imprecision, subjectivity, and difficulty in determining the cost of an adequate education. Numerous complex financial, budgetary, administrative, and educational elements must be in place in order for the state to fully meet the mandates of Claremont II. Those mandates coupled with the policy of the state recognize that an adequate public education is not a static concept removed from the demands of an evolving world. An adequate education transcends mere competence in the reading, writing and arithmetic. Such an education shall provide all students with a meaningful opportunity to acquire the knowledge and skills necessary to prepare them for successful participation in the social, economic, scientific, technological, and civic realities of society, now and in the years to come. To ensure these fundamental rights, as recognized by the court, thoughtful and deliberate planning with the involvement of many sources of expertise as well as phased-in implementation of the major elements over time is required. Concomitantly, such planning and implementation is required in order to ensure:

(a) That the educational needs of all children are met, including regular education students, students with special needs such as students with disabilities, students who are economically disadvantaged or are otherwise educationally at risk, or those who are intellectually gifted;

(b) That the needed changes are long-term in nature, truly embedded on the local and state level, gain acceptance and are both cost and educationally effective, and to those ends address underlying or systemic issues; and

(c) Compliance with all applicable federal laws.

VI. Therefore, in order to meet the aforementioned competing requirements of a long-range, carefully planned, and phased-in solution and to address the need to have an acceptable system in place by April 1, 1999, this act establishes a special commission to develop long-term plans and solutions to comprehensively and permanently meet constitutional mandates and details the amount of funding and allocations between the state and the local school districts of the 1999-2000 and 2000-2001 school years. While the initiative for 1999-2000 does not by necessity constitute a full and comprehensive resolution, it significantly approximates compliance with the constitutional mandates articulated by the court in Claremont II and represents a good faith and substantial effort and significant accomplishment on the part of the legislature and governor in performing their respective roles as the 2 other co-equal branches of state government.

2 New Subdivision; State Aid for Educational Adequacy. Amend RSA 198 by inserting after section 37 the following new subdivision:

State Aid for Educational Adequacy

198:38 Definitions. In this subdivision:

I. "Municipality" means a city, town, or unincorporated place.

II. "Elementary school" means a school with any of the grades kindergarten through 8.

III. "High school" means a school with any of the grades 9 through 12.

IV. "Base expenditure per pupil" for each school district that operates an elementary school means the amounts calculated in accordance with RSA 198:39, I and III.

V. "Average base cost per pupil" means average base cost per pupil as calculated in accordance with RSA 198:39, II and III.

VI. "Weighted pupil" means a resident pupil who has been assigned to one of the following classifications, based on the type of education the pupil received:

(a) An elementary pupil, which shall include kindergarten pupils, 1.0, except as provided for in subparagraph VI(c) of this section.

(b) A high school pupil, 1.14, except as provided for in subparagraph VI(d) of this section.

(c) An elementary pupil who receives a free or subsidized lunch, 1.1.

(d) A high school pupil who receives a free or subsidized lunch, 1.25.

VII. "Educationally disabled child" shall be as defined in RSA 186-C:2, I.

VIII. "Consumer price index" means the most recent available consumer price index for the Boston metropolitan area published by the United States Department of Labor.

IX. "Special education costs" means the 1997-98 cost of special education reported by school districts on the MS-25 form less any federal funds and state general fund revenues received by the district for special education.

X. "Average daily membership in attendance" means the aggregate half-day membership of the students in attendance divided by the number of half-days actually in session for a given school district in a given school year.

XI. "Average daily membership in residence" means the average daily membership of students enrolled in public schools within the district or students whose tuition is being paid by the district to another approved public or private school for a given school district in a given school year.

198:39 Methodology for Calculating the Cost of an Adequate Education.

I. The department of education shall calculate the base expenditure per pupil for each school district that operates an elementary school by subtracting from the total expenditures at the elementary school level, tuition to other school districts or approved educational programs, capital costs and debt service on such costs, special education costs, food service costs, transportation costs, and state and federal revenues not otherwise deducted. For each school district, this amount shall be divided by the average daily membership in attendance at the elementary school level to attain the base expenditure per pupil.

II. The cost of an adequate education shall be calculated as follows:

(a) The department of education shall identify those school districts where 40 to 100 percent of the elementary pupils enrolled in the grades tested on the day testing began, achieved a scaled score, in the statewide improvement and assessment program administered pursuant to RSA 193-C, in all areas tested, equivalent to performance at the basic level or above.

(b) From the school districts identified in subparagraph II (a) of this section, the department of education shall then identify those school districts that have the lowest base expenditure per pupil as calculated pursuant to paragraph I and which represent, as nearly as possible, 50 percent of the average daily membership in attendance at the elementary level of the school districts identified in subparagraph II(a) of this section.

(c) The department of education shall calculate the average base cost per pupil of an adequate education at the elementary school level by multiplying the base expenditure per pupil of each school district identified in subparagraph II(b) of this section by the average daily membership in attendance at each of the selected school districts, and add the results across all districts selected. This sum shall then be divided by the total average daily membership in attendance at the elementary school level in all of the selected school districts.

III. The methodology set forth in paragraphs I and II of this section shall also be used to calculate the reported total expenditures for high school pupils.

IV. The statewide cost of an adequate public education for elementary and high school pupils shall be calculated by multiplying the average base cost per pupil of an adequate education at the elementary school level by the weighted number of the average daily membership in residence of pupils statewide and then adding special education costs plus 70 percent of total district transportation costs statewide. All such costs shall be adjusted annually for inflation in each year of distribution using the latest consumer price index in the year of distribution.

V. For the biennium ending June 30, 2001, the department of education shall use financial information and average daily membership information reported to it by local school districts for the 1997-1998 school year and the statewide education improvement and assessment program scores from 1998 in calculating the cost of an adequate education.

198:40 Per Pupil Cost of an Adequate Education; Distribution and Payments to School Districts.

I. Except for municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the state shall pay annually to each municipality an amount of money that is equal to the weighted average daily membership in residence multiplied by the base cost per pupil of an adequate education at the elementary school level plus the school district’s special education costs plus 70 percent of the school district’s transportation costs. All such costs shall be adjusted annually for inflation in each year of distribution using the latest consumer price index in the year of distribution.

(a) Each school district’s grant shall be calculated by using the following formula:

(The weighted average daily membership in residence multiplied by the base cost per pupil of an adequate education at the elementary school level) plus the school district’s special education costs plus 70 percent of the school district’s transportation costs. All such costs shall be adjusted annually for inflation in each year of distribution using the latest consumer price index in the year of distribution, less any federal funds or state general fund revenues received by the district for special education.

II. For municipalities where all school districts therein provide education to all of their pupils by paying tuition to other institutions, the state shall pay annually to each municipality the lesser of the following 2 calculations:

(a) The amount calculated in accordance with subparagraph I (a) of this section; or

(b) The total amount paid for items of current education expense as determined by the department of education.

III. The general court is constitutionally obligated to fund the cost of an adequate education, and there are hereby appropriated, for the biennium ending June 30, 2001, the funds necessary to make the payments required by paragraphs I and II of this section. The governor is authorized to draw a warrant for such sums out of any money in the treasury not otherwise appropriated.

IV. The annual payments required by paragraphs I or II of this section shall be made over the biennium in 8 approximately equal installments. Installment payments by the state shall be made on or before July 1, October 1, January 1, and April 1 of each year of the biennium.

198:41 Adequate Education and Education Financing Reform Commission Established; Membership.

I. There is hereby established an adequate education and education financing reform commission which shall be composed of 23 members as follows:

(a) The chairperson of the house education committee, appointed by the speaker of the house.

(b) The chairperson of the senate education committee, appointed by the president of the senate.

(c) Two members appointed by the governor.

(d) The commissioner of the department of revenue administration or designee.

(e) The commissioner of the department of education or designee.

(f) The commissioner of the department of health and human services or designee.

(g) The chancellor of the university system of New Hampshire or designee.

(h) The commissioner of the regional community-technical college system.

(i) One member from the state board of education, appointed by the chairperson of the state board of education.

(j) One member from the New Hampshire Municipal Association, appointed by the chief executive officer of the association.

(k) One member from a special education advocacy organization, appointed by such organization; and

(l) Eleven members who shall be agreed to and jointly appointed by the governor, the president of the senate, and the speaker of the house consisting of the following:

(1) One elementary or secondary school teacher who does not teach special education.

(2) One elementary or secondary school teacher with a special education certification who is currently providing instruction to students with educational disabilities.

(3) One local school board member, recommended by the New Hampshire School Board Association.

(4) One school administrator, recommended by the New Hampshire School Administrators Association.

(5) One special education administrator at the elementary or secondary school level, recommended by the New Hampshire Association of Special Education Administrators.

(6) Two parents of school-age children, one of whom shall be the parent of a child with an educational disability, who is a member of the Advocacy Committee for Children and Students with Educational Disabilities.

(7) One member who has expertise or is currently engaged in research on educating students; and

(8) Three members from the business community, one of whom shall be associated with the School to Work Initiative.

II. The commission shall elect a chairperson from among its membership and may form subcommittees as it deems necessary to perform its duties. The chairperson shall determine the frequency of meetings at its first meeting.

III. The members of the commission shall serve without compensation, provided that legislative members of the commission shall receive mileage at the legislative rate while attending to the duties of the commission, and provided that the parent members of the commission shall be reimbursed for travel expenses associated with their duties on the commission.

IV. In order to ensure that all students are provided an adequate education, the duties of the commission shall be as follows:

(a) Determine the costs of an adequate education for all students in New Hampshire by determining and calculating adjustments for individual school districts based on yearly inflation, cost of living variances, diseconomies of scale, transportation variability, demographics, including for school districts with a disproportionate number of students who are economically disadvantaged or have educational disabilities, and such other factors as deemed relevant.

(b) Determine the amount of state aid, including building aid, to be distributed to cities and towns based upon the cost of an adequate education as set forth in subparagraph (a) and the method for distributing the state aid.

(c) Study and determine whether and what further changes or new measures are necessary in:

(1) Aspirational education goals, minimum education standards, curriculum frameworks, and indicators and methods assessing student and school performance and success.

(2) State educational regulations and policies.

(3) Infrastructure on the school, school district, and state level including but not limited to such areas as:

(A) Training of teachers, aides and other education personnel at institutions of higher education in New Hampshire, and on the preservice training, in-service training, and continuing educational levels.

(B) Strategies to attract qualified educational and related services personnel especially in disciplines in which shortages exist.

(C) Availability and quality of technical assistance available to all education personnel and other supports to teachers and students alike for the purpose of promoting best practices in instruction and learning for all students.

(D) Student-teacher ratios.

(E) Parental involvement.

(F) Interagency or wrap-around collaboration for students whose needs require services from several agencies.

VI. The commission shall report its findings and recommendations no later than December 1, 2000. The report shall include, for each recommendation, proposed implementation schedules with timelines, specific steps, agencies and persons responsible, and resources needed. Where feasible, all plans, measures and initiatives shall be proposed as legislation or regulation so that they will have the force of law. All recommendations and plans shall be designed to be fully implemented no later than September 1, 2004.

VII. The department of justice shall provide the commission with such legal assistance as the commission deems necessary.

3 New Subparagraph; Special Education; Catastrophic Aid Payments Constitutionally Obligated. Amend RSA 186-C:18, III by inserting after subparagraph (c) the following new subparagraph:

(d) The general court is constitutionally obligated to fund the cost of an adequate education, and there are hereby appropriated, for the biennium ending June 30, 2001, the funds necessary to make the payments required in this section. The governor is authorized to draw a warrant for such sums out of any money in the treasury not otherwise appropriated.

4 Appropriation. The sum of $150,000 for the fiscal year ending June 30, 2000, is hereby appropriated for the purposes of the commission established in RSA 198:41 as inserted by section 2 of this act. This sum shall be nonlapsing until June 30, 2001. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

5 Repeal. RSA 198:27 through 198:37, relative to foundation aid and alternative foundation aid, are repealed.

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

1999-0145s

AMENDED ANALYSIS

This bill:

(1) Establishes an educational adequacy and education financing reform commission.

(2) Establishes a system for calculating and disbursing state grants for educational adequacy for fiscal years 2000 and 2001 by multiplying the average base cost per pupil of an adequate education by the weighted number of the average daily membership in residence of pupils statewide and adding to that sum 70 percent of total district transportation costs and the school district’s costs for special education less any federal or state moneys received to offset such special education expenses.

(3) Appropriates funds to the commission and to the department of education for the purposes of this bill.

(4) Provides that all expenses related to catastrophic special education are constitutionally mandated and shall be borne by the state.

SB 50, relative to the state's responsibility to provide an adequate education. Education Committee. Vote 7-2. Inexpedient to legislate, Senator McCarley for the committee.

Senator Gordon moved to have SB 50, relative to the state's responsibility to provide an adequate education, laid on the table.

SB 50, relative to the state's responsibility to provide an adequate education.

SB 74, relative to the rulemaking authority of the real estate commission concerning practice relating to certain dwellings. Executive Departments and Administration Committee. Vote 7-0. Ought to pass, Senator Francoeur for the committee.

SB 82, relative to the termination of employees. Executive Departments and say we hired you for the following reason.

Senator Gordon moved to have SB 82, relative to the termination of employees, laid on the table.

SB 82, relative to the termination of employees.

SB 40, relative to the health care fund. Finance Committee. Vote 8-0. Ought to pass with amendment, Senator Squires for the committee.

1999-0144s

01/09

Amendment to SB 40

Amend RSA 167:74, V as inserted by section 1 of the bill by replacing it with the following:

1999-0144s

AMENDED ANALYSIS

This bill requires any transfer of funds from the health care fund which is not for the purposes stated for such fund to be introduced in separate legislation requiring 2/3 approval of both houses of the general court. The bill also requires the principal in the fund to remain at least the same amount at the end of each biennium as at the beginning of such biennium, unless specifically authorized by the general court.

Senator Wheeler offered the following Resolution:

1999 SESSION

99-1012

05/09

ANALYSIS

99-1012

05/09

STATE OF NEW HAMPSHIRE

Whereas, the federal government has declined to bring its own lawsuit against the tobacco industry; and

Whereas, the federal government through the Health Care Financing Administration has asserted that it is entitled to a significant share of the state settlement on the basis that it represents the federal share of Medicaid costs; and

Whereas, the federal government asserts that it is authorized and obligated, under the Social Security Act, to collect its share of any settlement funds attributable to Medicaid; and

Whereas, the state lawsuit was brought for violation of state law under state law theories, and the state lawsuit did not make any federal claims; and

Whereas, the state bore all the risk and expense in the litigation brought in state court, and settled without any assistance from the federal government; and

Whereas, the state is entitled to all of the funds negotiated in the tobacco settlement agreement without any federal claim; now, therefore, be it

Resolved by the Senate:

That the United States Senate pass S. 346, which amends Title XIX of the Social Security Act to prohibit the recoupment of funds recovered by states from one or more tobacco manufacturers; and

That the President of the United States and Congress prohibit federal recoupment of state tobacco settlement recoveries; and

That copies of this resolution, signed by the president of the senate, be forwarded by the senate clerk to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of the New Hampshire Congressional delegation.

Senator Larsen offered the following Resolution:

2/18/99 0179s

1999 SESSION

99-1013

03/01

ANALYSIS

This resolution urges the Federal Communications Commission to act favorably and promptly on the New Hampshire Public Utilities Commission’s petitions requesting authority to implement area code conservation measures.

2/18/99 0179s

99-1013

03/01

STATE OF NEW HAMPSHIRE

Whereas, the loss of a single area code would mean a loss of identity for New Hampshire; and

Whereas, the cost of adding a new area code to New Hampshire would be a significant detriment to business and residents; and

Whereas, the disruption caused by a new area code should only be required if it is absolutely necessary; and

Whereas, the exhaustion of the 603 area code is predominantly linked to the antiquated and inefficient assignment and use of telephone numbers; and

Whereas, the North American Numbering Plan Administration, acting under authority of the Federal Communications Commission, has declared New Hampshire in a "jeopardy" state, causing the state to begin planning for a second area code; and

Whereas, the authorization of thousands block number pooling may eliminate the need for New Hampshire to surrender its single area code; and

Whereas, the Federal Communications Commission has begun a process to determine a more efficient method of assigning telephone numbers and has received a general consensus of opinions that thousands number block pooling is the most logical and immediate solution; and

Whereas, the Federal Communications Commission has blocked state efforts to conserve the existing area code allocation while the Federal Communications Commission decides on a national solution to the problem; and

Whereas, the New Hampshire public utilities commission has filed comments in NSD File No. L-98-134, petitioning the Federal Communications Commission to expeditiously issue an order establishing thousands block number pooling as an immediate step to minimize this problem; and

Whereas, the New Hampshire public utilities commission has petitioned the Federal Communications Commission to reconsider its order in CC Docket No. 96-98 prohibiting states from imposing telephone number conservation; and

Whereas, unless the Federal Communications Commission acts immediately, the New Hampshire public utilities commission will be required to begin the second area code proceeding, and implement the new area code by the fourth quarter of the year 2000; and

Whereas, the development of thousands block number pooling will take 10 to 19 months following a Federal Communications Commission order; and

Whereas, the exhaustion of the 603 area code is expected to be complete by the end of the year 2000; and

Whereas, unless the Federal Communications Commission issues favorable orders in time to implement thousands block number pooling by June 2000, the ability to preserve the 603 single area code will be lost forever; now, therefore, be it

Resolved by the Senate:

That the senate of New Hampshire hereby urges the Federal Communications Commission to act promptly and favorably on the New Hampshire public utilities commission’s petitions for relief in order to undertake telephone area code conservation measures; and

That the senate of New Hampshire hereby urges the Federal Communications Commission to authorize the immediate implementation of thousands block number pooling; and

That copies of this resolution be forwarded by the senate clerk to the chairman and to each of the members of the Federal Communications Commission, and to the chief of the Network Services Division of the Common Carrier Bureau of the Federal Communications Commission.

1999-0179s

Floor Amendment to SR 3

Amend the resolution by replacing the seventh paragraph after the title with the following:

Whereas, the authorization of thousands block number pooling may eliminate the need for New Hampshire to surrender its single area code; and

Amend the resolution by replacing the tenth paragraph after the title with the following:

Whereas, the New Hampshire public utilities commission has filed comments in NSD File No. L-98-134, petitioning the Federal Communications Commission to expeditiously issue an order establishing thousands block number pooling as an immediate step to minimize this problem; and

Senator McCarley offered the following Resolution:

1999 SESSION

99-1014

04/09

ANALYSIS

This senate resolution urges 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.

99-1014

04/09

STATE OF NEW HAMPSHIRE

Whereas, since its enactment in 1975, the Individuals with Disabilities Education Act (IDEA) has helped millions of children with special needs to receive a quality education and to develop to their full capacities; and

Whereas, the IDEA has helped break down stereotypes and ignorance about people with disabilities, improving the quality of life and economic opportunity for millions of Americans; and

Whereas, when the federal government enacted the Individuals with Disabilities Education Act, it promised to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States; and

Whereas, the federal government currently funds, on average, less than 9 percent of the actual cost of special education services; and

Whereas, local school districts and state government end up bearing the largest share of the cost of special education services; and

Whereas, the federal government’s failure to adequately fulfill its responsibility to special needs children undermines public support for special education and creates hardship for disabled children and their families; now, therefore, be it

Resolved by the Senate:

That the New Hampshire senate urges the President and the Congress to fund 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States as promised under the IDEA to ensure that all children, regardless of disability, receive a quality education and are treated with the dignity and respect they deserve; and

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

HB 364, relative to expenditure of funds received from the United States on account of national forest lands in this state.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 58 - 364 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

HB 364, relative to expenditure of funds received from the United States on account of national forest lands in this state. Wildlife and Recreation.

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 the Call of the Chair.

SB 74, relative to the rulemaking authority of the real estate commission concerning practice relating to certain dwellings.

SB 40, relative to the health care fund.

Senator Johnson moved that we be in recess for purpose of introducing legislation and referring to committees and that we be in recess to the Call of the Chair.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, Senate Bills numbered SB 182 - CACR 23 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.

First and Second Reading and Referral

99-0461

SB 182-FN, relative to eligibility for ordinary death benefits under the New Hampshire retirement system. (Sen. J. King, Dist 18; Sen. Hollingworth, Dist 23; Rep. Dwyer, Hills 43; Rep. Christie, Rock 22: Insurance)

99-0482

SB 183-FN-A, implementing recommendations developed through a statewide health care planning process and continually appropriating a special fund. (Sen. Squires, Dist 12; Sen. Blaisdell, Dist 10; Sen. Hollingworth, Dist 23: Public Institutions, Health and Human Services)

99-0516

SB 184-FN-A, repealing the tax on nuclear station property. (Sen. Francoeur, Dist 14; Sen. Johnson, Dist 3; Sen. Brown, Dist 17; Rep. Bradley, Carr 8: Ways and Means)

99-0638

SB 185, relative to property settlements in cases where certain domestic relationships have terminated. (Sen. Trombly, Dist 7; Rep. DeChane, Straf 6; Rep. Splaine, Rock 34: Judiciary)

99-0831

SB 186-FN, relative to additional cost of living adjustments for certain retired group II firemen. (Sen. J. King, Dist 18; Sen. Disnard, Dist 8; Sen. Hollingworth, Dist 23; Sen. Trombly, Dist 7; Rep. Dwyer, Hills 43: Insurance)

99-0833

SB 187 -FN-LOCAL, relative to payment of group health insurance premiums for eligible retired teachers in the New Hampshire retirement system. (Sen. Blaisdell, Dist 10; Rep. Torr, Straf 12: Insurance)

99-0905

SB 188-LOCAL, allowing school districts to have a special vote on a bond issue in the same calendar year in which they voted on the bond issue. (Sen. Wheeler, Dist 21; Rep. M. Smith, Straf 8; Rep. Estabrook, Straf 8; Rep. Spang, Straf 8; Rep. Lent, Straf 8: Public Affairs)

99-0797

SB 189-FN, relative to the establishment of a civil rights act. (Sen. Pignatelli, Dist 13; Sen. Larsen, Dist 15; Sen. Squires, Dist 12; Sen. Trombly, Dist 7; Rep. Peterson, Hills 8; Rep. Bradley, Carr 8; Rep. Nordgren, Graf 10; Rep. J. Pratt, Ches 2; Rep. Konys, Hills 33: Judiciary)

99-0082

SB 190-FN, relative to grievance procedures of managed care entities. (Sen. Squires, Dist 12: Insurance)

99-0144

SB 191, relative to the New Hampshire higher educational and health facilities authority. (Sen. Larsen, Dist 15; Sen. D’Allesandro, Dist 20; Sen. Squires, Dist 12; Sen. Trombly, Dist 7; Sen. Cohen, Dist 24; Rep. Peterson, Hills 8; Rep. Wallner, Merr 24; Rep. Anderson, Merr 7: Education)

99-0860

SB 192, relative to vital records. (Sen. D’Allesandro, Dist 20; Rep. Emerton, Hills 7: Public Institutions, Health and Human Services)

99-0861

SB 193-FN, relative to holiday pay for certain state employees. (Sen. J. King, Dist 18; Sen. F. King, Dist 1; Rep. Dwyer, Hills 43: Executive Departments and Administration)

99-0917

SB 194-FN-A, dedicating certain sums in the moose management fund for the payment for damage done by moose to certain trees. (Sen. F. King, Dist 1; Sen. D’Allesandro, Dist 20; Sen. Below, Dist 5; Rep. P. Davis, Coos 1: Wildlife and Recreation)

99-0942

SB 195-FN-A, appropriating funds for sludge testing. (Sen. Russman, Dist 19: Environment)

99-0978

SB 196-FN-LOCAL, relative to electric rate reduction financing. (Sen. Johnson, Dist 3; Sen. Gordon, Dist 2; Sen. Hollingworth, Dist 23; Sen. Below, Dist 5; Rep. Gilmore, Straf 11; Rep. Chandler, Carr 1; Rep. Scanlan, Graf 11; Rep. Howard, Carr 10; Rep. Torressen, Carr 10: Energy and Economic Development)

99-0980

SB 197-FN-A, establishing a pilot program for methadone maintenance treatment and making an appropriation therefor. (Sen. Wheeler, Dist 21; Sen. Squires, Dist 12; Rep. Chabot, Hills 48; Rep. O’Keefe, Rock 21; Rep. M. Fuller Clark, Rock 36; Rep. Copenhaver, Graf 10: Public Institutions, Health and Human Services)

99-0993

SB 198 -FN, relative to certification of persons installing and servicing propane gas and heating oil equipment. (Sen. McCarley, Dist 6: Executive Departments and Administration)

99-1002

SB 199, establishing certain standards of accountability for health maintenance organizations and other entities providing health insurance through a managed care system. (Sen. Blaisdell, Dist 10; Sen. Wheeler, Dist 21; Sen. Russman, Dist 19; Sen. Hollingworth, Dist 23; Sen. Squires, Dist 12; Rep. Pilliod, Belk 3; Rep. Copenhaver, Graf 10; Rep. Avery, Ches 8; Rep. Nordgren, Graf 10; Rep. Ham, Graf 4: Insurance)

99-0895

SB 200, relative to child care licensing procedures. (Sen. Gordon, Dist 2; Rep. Emerton, Hills 7; Rep. Gile, Merr 16; Rep. Pilliod, Belk 3; Rep. Fuller Clark, Rock 36: Public Institutions, Health and Human Services)

99-0921

SB 201-FN, reclassifying non-support as a felony under certain circumstances. (Sen. Pignatelli, Dist 13; Sen. McCarley, Dist 6: Judiciary)

99-0999

SB 202-FN, relative to collective bargaining rights of public employees. (Sen. D’Allesandro, Dist 20; Sen. Wheeler, Dist 21: Executive Departments and Administration)

99-0976

SB 203-FN-A-LOCAL, authorizing electronic games of chance at racetracks. (Sen. Blaisdell, Dist 10; Sen. Klemm, Dist 22; Sen. Fraser, Dist 4; Sen. Disnard, Dist 8; Sen. J. King, Dist 18; Rep. Franks, Hills 26; Rep. Raynowska, Rock 26; Rep. Wallin, Merr 15; Rep. Foster, Hills 10; Rep. B. Baroody, Hills 42: Finance)

99-0145

SB 204, establishing the New Hampshire excellence in higher education endowment trust fund. (Sen. Larsen, Dist 15; Sen. Gordon, Dist 2; Rep. Thulander, Hills 6; Rep. Peterson, Hills 8: Education)

99-0388

SB 205-FN, expanding medical coverage to pay dental assistance for adults on medicaid. (Sen. Wheeler, Dist 21; Sen. McCarley, Dist 6; Sen. Hollingworth, Dist 23; Rep. Copenhaver, Graf 10; Rep. M. Fuller Clark, Rock 36; Rep. Francoeur, Rock 22: Insurance)

99-0481

SB 206-FN-A-LOCAL, establishing the tobacco use prevention fund and continually appropriating a special fund. (Sen. Squires, Dist 12; Sen. Hollingworth, Dist 23; Rep. Pilliod, Belk 3; Rep. M. Fuller Clark, Rock 36: Public Institutions, Health and Human Services)

99-0619

SB 207, relative to authorizing bonds for the construction and renovation of regional vocational education centers. (Sen. Larsen, Dist 15; Sen. Pignatelli, Dist 13; Sen. Blaisdell, Dist 10; Sen. F. King, Dist 1; Sen. Johnson, Dist 3; Sen. Fernald, Dist 11; Rep. O’Hearn, Hills 26; Rep. Vaughn, Rock 35; Rep. Torr, Straf 12; Rep. LaRose, Hills 27; Rep. Hoadley, Merr 24: Education)

99-0839

SB 208-FN, establishing a "parents as scholars" program. (Sen. Wheeler, Dist 21; Sen. McCarley, Dist 6; Rep. Durham, Hills 22; Rep. M. Fuller Clark, Rock 36; Rep. Estabrook, Straf 8: Public Institutions, Health and Human Services)

99-0882

SB 209-FN-LOCAL, changing the jurisdiction over domestic relations matters from the superior courts to the district courts and establishing a study committee on certain matters concerning superior court justices. (Sen. Gordon, Dist 2: Judiciary)

99-0884

SB 210-FN-LOCAL, relative to payment by the state for certain court-ordered placements of special education students. (Sen. Gordon, Dist 2; Sen. Squires, Dist 12; Sen. Johnson, Dist 3; Sen. Hollingworth, Dist 23; Rep. Alger, Graf 9; Rep. O’Hearn, Hills 26; Rep. Belvin, Hills 14: Education)

99-0897

SB 211-FN-A, reestablishing certain credits against the business profits tax. (Sen. Hollingworth, Dist 23; Sen. J. King, Dist 18: Ways and Means)

99-0903

SB 212-FN, requiring the insurance department to develop a plan to address the needs of persons with chronic illnesses and disabilities. (Sen. Squires, Dist 12; Sen. Hollingworth, Dist 23; Sen. Russman, Dist 19: Insurance)

99-0911

SB 213-FN, changing the name of the fish and game department to the wildlife department. (Sen. Wheeler, Dist 21; Sen. Cohen, Dist 24: Wildlife and Recreation)

99-0937

SB 214-FN, establishing new procedures under the certificate of need law for certain ambulatory surgical facilities. (Sen. Squires, Dist 12: Public Institutions, Health and Human Services)

99-0940

SB 215, transferring certain responsibilities for shellfish harvesting and regulation. (Sen. Hollingworth, Dist 23; Sen. J. King, Dist 18: Environment)

99-0944

SB 216-FN, allowing veterans the right to purchase credit in the retirement system for certain service in the armed forces. (Sen. Trombly, Dist 7; Rep. Dwyer, Hills 43: Insurance)

99-0947

SB 217-FN, relative to nonresident real estate brokers doing business in this state. (Sen. Johnson, Dist 3: Executive Departments and Administration)

99-0951

SB 218-FN-LOCAL, regulating the land application of sewage sludge. (Sen. Wheeler, Dist 21; Sen. D’Allesandro, Dist 20; Sen. Disnard, Dist 8; Sen. Russman, Dist 19; Sen. Cohen, Dist 24; Rep. B. Hall, Hills 20; Rep. Owen, Merr 6: Environment)

99-0954

SB 219-FN-LOCAL, establishing a procedure for providing educational improvement assistance to local school districts. (Sen. McCarley, Dist 6; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20: Education)

99-0955

SB 220-FN, relative to the disclosure of child abuse and neglect information. (Sen. McCarley, Dist 6: Public Institutions, Health and Human Services)

99-0966

SB 221-FN, relative to competitive bidding for state construction contracts. (Sen. D’Allesandro, Dist 20; Sen. Larsen, Dist 15; Sen. Trombly, Dist 7: Executive Departments and Administration)

99-0970

SB 222-FN-A-LOCAL, relative to guarantee of loans to local development organizations. (Sen. F. King, Dist 1; Sen. Hollingworth, Dist 23: Internal Affairs)

99-0977

SB 223-FN-A, establishing a wellness and primary prevention council and making an appropriation therefor. (Sen. Wheeler, Dist 21; Sen. Squires, Dist 12; Sen. Gordon, Dist 2; Sen. Pignatelli, Dist 13; Sen. McCarley, Dist 6; Rep. Pilliod, Belk 3; Rep. French, Merr 3; Rep. Keans, Straf 16; Rep. J. Brown, Straf 17; Rep. Richardson, Ches 12: Public Institutions, Health and Human Services)

99-0992

SB 224, relative to stenographic records of adjudicative hearings before licensing boards. (Sen. Gordon, Dist 2: Executive Departments and Administration)

99-1008

CACR 23, relating to the responsibility and authority of the general court to determine the content, extent, and funding of a public education. Providing that the general court shall have the exclusive authority to determine the content, extent, and funding of a public education and that the state may fulfill its responsibility to provide to all citizens the opportunity for a public education by exercising its power to levy assessments, rates, and taxes, or by delegating this power, in whole or part, to a political subdivision; provided that upon delegation, such assessments, rates, and taxes are proportional and reasonable throughout the state or the political subdivision in which they are imposed. (Sen. Brown, Dist 17; Sen. Krueger, Dist 16; Education)