January 31, 2001

No. 5

 

 

STATE OF NEW HAMPSHIRE

 

 

 

 

 

 

 

Legislative

 

SENATE CALENDAR

REPORTS, HEARINGS, MEETINGS & NOTICES

 

 

 

THE SENATE WILL MEET IN SESSION ON THURSDAY, FEBRUARY 1, 2001 AT 10:15 A.M.

REPORTS

EDUCATION

SB 13, relative to the duties of a school nurse and relative to school food and nutrition programs. Vote 3-0

Ought to Pass, Senator O'Hearn for the committee.

SB 15, extending the reporting date for the commission on the status of community-technical education. Vote 5-0

Ought to Pass, Senator McCarley for the committee

SB 59, relative to the inclusion of a signature declaration and verification statement on teacher certification applications. Vote 5-0

Ought to pass with amendment, Senator Gordon for the committee

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

SB 49, establishing a committee to study the creation of a landlord-tenant mediation project. Vote 4-0

Ought to Pass, Senator Flanders for the committee.

FINANCE

HB 204-FN, relative to loan guarantees by the business finance authority. Vote 5-0

Ought to Pass, Senator Hollingworth for the committee.

INSURANCE

SB 17-FN, relative to accidental disability retirement benefits upon the death of a retired group II member. Vote 5-0

Ought to Pass, Senator Wheeler for the committee.

SB 72-FN, relative to payment of medical benefits costs for group II members of the retirement system. Vote 5-0

Ought to pass with amendment, Senator Francoeur for the committee

SB 73-FN, relative to benefits awarded a surviving spouse of a police officer killed in the line of duty. Vote 5-0

Ought to pass with amendment, Senator Francoeur for the committee

JUDICIARY

SB 25, relative to preliminary breath tests. Vote 5-0

Ought to pass with amendment, Senator Gordon for the committee.

SB 27, allowing the state to apply for review of a state prison sentence by the superior court's review division. Vote 5-0

Ought to Pass, Senator Fernald for the committee.

PUBLIC AFFAIRS

SB 23, relative to the amount of interest on late paid property taxes which may be waived by the tax collector. Vote 5-0

Ought to Pass, Senator Francoeur for the committee.

WILDLIFE & RECREATION

SB 11, extending the reporting date of the committee to study and identify or establish the duties of the fish and game commission. Vote 4-0

Ought to Pass, Senator Disnard for the committee.

SB 12, relative to applications for the cooperative fencing program and the depredation permit program in the fish and game department. Vote 5-0

Ought to Pass, Senator D'Allesandro for the committee

SB 16-FN-A, relative to state financial aid for state fairs, and making an appropriation therefor. Vote 4-0

Ought to Pass, Senator Eaton for the committee.

AMENDMENT

Senate Education

January 31, 2001

2001-0063s

04/10

 

 

Amendment to SB 59

 

Amend RSA 189:14-g as inserted by section 1 of the bill by replacing it with the following:

189:14-g Teacher Signature Certification. A teacher applying for certification through the bureau of credentialing, department of education, shall execute a notarized signature declaration and verification statement which shall be set forth conspicuously in the application for teacher certification. Such statement shall read substantially as follows:

"I hereby certify that I am the individual listed in this application, and that all information provided herein, including all accompanying documentation, is true, accurate, and complete to the best of my knowledge. Any willful misrepresentation or omission of facts shall constitute just cause for denial of certification or revocation of existing certifications, and possible criminal prosecution.

 

 

 

Insurance

January 31, 2001

2001-0060s

10/04

 

 

Amendment to SB 72-FN

 

Amend RSA 100-A:55, I as inserted by section 1 of the bill by replacing it with the following:

I. The additional benefits provided under RSA 100-A:52 shall apply to persons who are active or retired members of group II as of June 30, [1997] 2000; to persons who prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, are eligible for vested deferred retirement benefits; and to persons who are group II permanent policemen or permanent firemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II [after June 30, 1988, but] before July 1, [2000] 2002 or permanent firemen members of group II [after June 30, 1988, but] before July 1, [2000] 2002. Such additional benefits shall not apply to other persons who become members of group II after June 30, [2000] 2002, without future legislation to include them. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be funded by reimbursement from the special account established under RSA 100-A:16, II(h).

 

Insurance

January 31, 2001

2001-0061s

10/04

 

 

Amendment to SB 73-FN

 

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

AN ACT relative to benefits awarded a surviving spouse of a police officer or firefighter killed in the line of duty.

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

1 Additional Medical Benefits; Spouse of Police Officer or Firefighter Killed in Line of Duty. Amend RSA 21-I:30-a, I(b) to read as follows:

(b) Any [such] surviving spouse of a group II police officer or firefighter killed in the line of duty shall not cease to be qualified under this section if such surviving spouse remarries. Any other surviving spouse shall cease to be qualified for medical and surgical benefits under this section upon the remarriage of the surviving spouse.

2 Retirement System; Group II; Accidental Death Benefits; Exception Added. Amend RSA 100-A:8, II(a) to read as follows:

(a) If, upon the receipt by the board of trustees of proper proof of the death of a group II member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, or as the natural and proximate result of repeated trauma or gradual degeneration occurring while in the actual performance of duty or arising out of and in the course of employment or of any occupational disease arising out of or in the course of employment, as defined by RSA 281-A:2, XI and found to be compensable by the commissioner of labor pursuant to RSA 281-A:43; the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member’s surviving spouse, to continue until the surviving spouse remarries except as provided in subparagraph (c); or if there is no surviving spouse, or if the surviving spouse dies or remarries before the youngest child of the deceased member has attained age 18, then to the deceased [members’] member’s child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member’s dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member’s estate, a lump sum amount which is equal to the deceased member’s base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.

3 New Subparagraph; Accidental Death Benefits; Surviving Spouse of Group II Police Officer or Firefighter. Amend RSA 100-A:8, II by inserting after subparagraph (b) the following new subparagraph:

(c) An annuity paid to a member’s surviving spouse under subparagraphs (a) and (b), where the member was a group II police officer or firefighter killed in the line of duty, shall not be terminated upon the remarriage of the surviving spouse. In addition, to the extent applicable, no such annuity shall be subject to any state or local taxation.

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

2001-0061s

AMENDED ANALYSIS

This bill allows a surviving spouse of a police officer or firefighter killed in the line of duty to receive accidental death benefits whether or not the spouse remarries, and to the extent possible such benefits are exempt from state and local taxation.

Senate Judiciary

January 31, 2001

2001-0062s

03/04

 

 

Amendment to SB 25

 

Amend the bill by replacing section 1 with the following:

1 Preliminary Breath Test. Amend RSA 265:92-a, I to read as follows:

I. Any police officer, who has been certified by the police standards and training council according to standards for such certification contained in rules adopted by said council pursuant to RSA 541-A, having reasonable grounds to believe that a person has been driving or operating a vehicle on a way while under the influence of intoxicating liquor or controlled drug or while the person’s alcohol concentration was 0.08 or more or in the case of a person under the age of 21, 0.02 or more may, without making an arrest, request that such person submit to a preliminary breath test for alcohol concentration to be administered by the officer. The results of this test [shall not] may be admissible in evidence [by the prosecution, and] for the sole purpose of determining whether the officer had probable cause to arrest the person. Failure to submit to the test shall not constitute a violation of this chapter. Nothing contained in this section shall be construed to prevent or require a subsequent test pursuant to RSA 265:84. The police officer requesting the test shall advise orally [and in writing] the person to be tested that his or her failure to take the test or his or her taking of the test shall not be construed to prevent or require a subsequent test pursuant to RSA 265:84. The results of the test shall be furnished immediately [in writing] to the person tested by the police officer administering the test and in writing, if requested.

2001-0062s

AMENDED ANALYSIS

This bill:

I. Expands the circumstances under which a police officer may request that a person submit to a preliminary breath test.

II. Permits the admission into evidence of the results of a preliminary breath test to determine whether the officer had probable cause to arrest the person.

III. Eliminates the requirement that a police officer provide a written notice to the person of whom a preliminary breath test is requested.

 

 

 

HEARINGS

TUESDAY, FEBRUARY 6, 2001

ENERGY & ECONOMIC DEVELOPMENT, Room 102, LOB

1:00 p.m. SB 45, relative to the legislative oversight committee on electric utility restructuring.

1:10 p.m. SB 57, relative to the economic development matching grants program.

· PLEASE NOTE SB 19 HAS BEEN RESCHEDULED FROM JANUARY 23RD

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. SB 19, establishing a committee to study prevention of voter fraud.

2:00 p.m. SB 69-FN-A-L, relative to a New Hampshire legal assistance office in Nashua and making an appropriation therefor.

PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES, Room 101, LOB

1:00 p.m. SB 37, extending the reporting date for the committee studying prescription drug access.

1:10 p.m. SB 55, creating a commission to study the youth development center.

1:30 p.m. SB 42, relative to charges for access to medical records.

2:00 p.m. SB 70, relative to staffing at New Hampshire long-term health care facilities.

WEDNESDAY, FEBRUARY 7, 2001

EDUCATION, Room 105-A, SH

1:00 p.m. SB 34, relative to the process for nonrenewal of teacher contracts.

2:00 p.m. SB 68, relative to school district placements of children living in foster homes.

2:30 p.m. SB 78, relative to the distribution of special education records to certain educationally disabled pupils.

EXECUTIVE DEPARTMENTS & ADMINISTRATION, Room 104, LOB

1:00 p.m. SB 22, requiring certified radiologic technologists for the operation of equipment licensed under the radiological health program.

1:30 p.m. SB 32, exempting dumbwaiters from the elevator law.

1:50 p.m. SB 77, relative to the regulation of plumbers and plumbing.

2:15 p.m. SB 79, relative to plumber's licenses.

INSURANCE, Room 101, LOB

8:30 a.m. SB 65, allowing licensed alcohol and drug counselors to obtain third party payment and establishing a committee to study levels of licensure of alcohol and drug counselors.

9:00 a.m. SB 52, relative to liquor liability insurance coverage.

9:30 a.m. SB 41, relative to technical corrections for life, accident and health insurance.

9:50 a.m. SB 56, relative to health care providers discontinuing service in New Hampshire.

JUDICIARY, Room 103, LOB

10:15 a.m. SB 26, relative to probate court procedures regarding adoptions.

10:30 a.m. SB 18, relative to termination of small trusts.

10:45 a.m. SB 63, relative to administration of estates and filing of wills by executors.

11:00 a.m. SB 62, relative to guardianships.

11:15 a.m. SB 61, establishing a procedure for summary administration of estates.

11:30 a.m. SB 64, establishing a fund to pay mediators in the probate courts.

WAYS & MEANS, Room 103, SH

10:15 a.m. SB 58, revising the requirements for a license as a bingo supplies or lucky 7 tickets distributor.

11:15 a.m. SB 28, permitting disclosure of final decisions of the commissioner of revenue administration.

TUESDAY, FEBRUARY 13, 2001

· PLEASE NOTE SB 29 IS RECESSED FROM JANUARY 30TH

PUBLIC AFFAIRS, Room 105-A, SH

1:00 p.m. SB 29, relative to amending warrant articles by political subdivisions that have adopted the official ballot referendum form of meeting.

1:30 p.m. SB 31, eliminating straight ticket voting.

WEDNESDAY, FEBRUARY 14, 2001

EDUCATION, Room 105-A, SH

1:00 p.m. SB 36, making an appropriation to the postsecondary education commission for the purpose of tuition incentive grants.

1:45 p.m. SB 54, relative to the transfer of funds in the community-technical college system.

INSURANCE, Room 101, LOB

8:30 a.m. SB 40, changing the method by which the insurance department assesses insurers to fund its administration fund.

8:50 a.m. SB 39, establishing the positions of director of consumer affairs and market conduct chief administrator in the insurance department.

9:15 a.m. SB 46, relative to payments of scheduled awards under the workers' compensation law.

9:45 a.m. SB 53, relative to attorneys' fees in certain circumstances under the workers' compensation law.

JUDICIARY, Room 103, LOB

10:15 a.m. SB 44, relative to false academic documentation.

10:30 a.m. SB 67-FN, relative to costs of locating and apprehending persons improperly at large for driving-related offenses.

11:00 a.m. SB 75, relative to physicians who make a report when a person is unfit to drive a motor vehicle.

MEETINGS

MONDAY, FEBRUARY 5, 2001

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE (RSA 17-M:1) NH Hospital Acute Psychiatric Services Building

9:00 a.m. Subcommittee Meeting - Tour of Philbrick Building

CERTIFICATE OF NEED BOARD (RSA 151) Rooms 306-308, LOB

10:00 a.m. Regular Meeting

TUESDAY, FEBRUARY 6, 2001

NH DEPARTMENT OF TRANSPORTATION (Newfields 12466, NH Route 85 bridge over B&M Railroad) Newfields Town Hall, Route 85, Newfields, NH

7:00 p.m. Public Hearing

WEDNESDAY, FEBRUARY 7, 2001

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE (RSA 17-M:1) Room 201, LOB

9:00 a. m. Regular Meeting

IMPACT OF WATER WITHDRAWALS ON INSTREAM FLOWS (SB 330, Chapter 242, Laws of 2000) Rooms 305-307, LOB

2:30 p.m. Regular Meeting

JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I) Room 103, SH

3:30 p.m. Regular Meeting

FRIDAY, FEBRUARY 9, 2001

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

10:00 a.m. Regular Meeting

STATUS OF MEN STUDY (HB 553, Chapter 272, Laws of 2000) Room 206, LOB

12:30 p.m. Regular Meeting

KIDS CABINET MEETING Governor and Council Chambers

2:00 p.m. Regular Meeting

TUESDAY, FEBRUARY 13, 2001

GUARDIANS AD LITEM BOARD (SB 448, Chapter 321, Laws of 2000) Room 104, LOB

4:00 p.m. Regular Meeting

NH DEPARTMENT OF TRANSPORTATION (Swanzey 12775, Bridge replacement over NH Route 32, over S. Ashuelot River) Swanzey Town Hall, 620 Old Homestead Hwy., Swanzey, NH

7:00 p.m. Public Hearing

WEDNESDAY, FEBRUARY 14, 2001

JOINT EDUCATION MEETING Room 207, LOB

9:00 a.m. Members of the Career and Technical Student Organizations will be coming to speak to the members of the House and Senate Education Committees. We will be presenting them with a Joint Resolution.

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

9:00 a.m. Regular Business

9:30 a.m. Audits:

State of New Hampshire

Single Audit of Federal Financial Assistance Programs

For the Fiscal year Ended June 30, 2000

New Hampshire Retirement System Management Letter

For the Fiscal Year Ended June 30, 2000.

FRIDAY, FEBRUARY 16, 2001

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

9:00 a.m. Regular Meeting

MONDAY, FEBRUARY 19, 2001

· PLEASE NOTE THIS MEETING HAS BEEN CANCELLED

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-b) Room 205, LOB

Cancelled Regular Meeting

FRIDAY, FEBRUARY 23, 2001

WORKERS COMPENSATION ADVISORY COUNCIL (RSA 281-A:62) Room 306, LOB

9:00 a.m. - 12:00 p.m. Regular Meeting

TUESDAY, MARCH 1, 2001

NH DEPARTMENT OF TRANSPORTATION (Seabrook 12888, Begins on NH 286 at Mass state line and the B&M Rail Line) City Hall, 99 Lafayette Road, Seabrook, NH

7:00 p.m. Combined Officials/Informational

MONDAY, MARCH 5, 2001

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-b) Room 205, LOB

1:00 p.m. Regular Meeting

JOINT HEALTH COUNCIL (RSA 326:10-b) NH Board of Nursing offices, Room 17, 78 Regional Drive, Building 2, Concord, NH

5:30 p.m. Public Meeting

MONDAY, MARCH 12, 2001

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

9:00 a.m. Regular Meeting

NEW HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2) Room 103, SH

10:00 a.m. Regular Meeting

WEDNESDAY, MARCH 14, 2001

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

9:00 a.m. Regular Business

NH DEPARTMENT OF TRANSPORTATION (Franklin 12938, Reconstruction of existing pavement and addition of 1.2 m (4ft) shoulders on NH Route 11) City Hall, City Council Chambers, 316 Central Avenue, Franklin, NH

7:00 p.m. Combined Officials/Informational

FRIDAY, MARCH 16, 2001

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

9:00 a.m. Regular Meeting

KIDS CABINET MEETING Governor and Council Chambers

2:00 p.m. Regular Meeting

TUESDAY, MARCH 20, 2001

NH DEPARTMENT OF TRANSPORTATION (Wilton-Milford 13292, Reconstruction of existing pavement on NH 101 at the intersection of NH 31 south in Wilton proceeds 3 miles to the RR Cross in Milford) Banquet Room, Milford Town Hall, 1 Union Square Milford, NH

7:30 p.m. Combined Official/Informational

WEDNESDAY, MARCH 28, 2001

NH DEPARTMENT OF TRANSPORTATION (Pelham 12867, Project begins on NH 38 at the Mass state line, proceeds north 3 miles. Reclaiming guardrail replacement miscellaneous drainage and signal work on NH 38/Bridge Street, NH 38/Main Street/Old Gage Hill Road.) Pelham Town Hall 2nd floor, 6 Main Street, Pelham, NH

6:00 p.m. Combined Official/Informational

WEDNESDAY, APRIL 11, 2001

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

9:00 a.m. Regular Business

FRIDAY, APRIL 20, 2001

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

9:00 a.m. Regular Meeting

MONDAY, APRIL 23, 2001

NEW HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2) Room 103, SH

10:00 a.m. Regular Meeting

 

NOTICES

MONDAY, FEBRUARY 5, 2001

The legislative caucus for Young Children will meet February 5, 2001 at 3:00 p.m. in Room 206, LOB. This meeting will be to review the bills and establish the caucus priority. All Representatives and Senators are welcome.

Senator Katherine Wells Wheeler

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THURSDAY, FEBRUARY 8, 2001

The New Hampshire Lodging and Restaurant Association cordially invites all legislators to attend it's "Regions for All Seasons" Government Affairs Legislative Reception on Thursday, February 8th from 4:30 - 7:30 p.m. at the New Hampshire Historical Society, 30 Park Street. Once again, this annual reception will prove to be a fun evening of great food, beverage and entertainment. Please join us.

Senator Gary Francoeur

Senator Beverly Hollingworth

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THURSDAY, FEBRUARY 8, 2001

The University of New Hampshire Alumni and Parents Associations invites members of the General Court to the annual UNH Legislative Breakfast to be held Thursday, February 8, 2001, from 7:30 a.m. - 9:00 a.m. at the New Hampshire Historical Society.

Senator Lou D'Allesandro

Senator Katherine Wells Wheeler

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MONDAY, FEBRUARY 12, 2001

All House and Senate members are invited to a day long forum sponsored by the National Conference of State Legislatures and hosted by Legislative Caucus for Young Children. On Monday, February 12, 2001 from 8:30 a.m. to 3:00 p.m. in Room 205 & 207, LOB. The forum will focus on State Early childhood Policies. Greg Duncan from the Institute for Policy Research at Northwestern University will speak on Brain Development Research and Implications for state policy. Lunch will be provided.

Senator Katherine Wells Wheeler

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MONDAY, FEBRUARY 12, 2001

All Legislators are invited to join family members of NH Veterans of the Abraham Lincoln Brigade as we dedicate a bronze plaque in honor and recognition of their fight for freedom and democracy against Hitler, Mussolini and Franco in the Spanish Civil War 1936-39.

The ceremony will be held on Lincoln’s Birthday, February 12 at 4:00 p.m. on the 1st floor in the south corridor of the State House.

Senator Burt Cohen

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TUESDAY, FEBRUARY 13, 2001

"NH in the 21st Century: Competing in the New Economy"

Network NH and Fidelity Investments invites members of the NH Legislature to attend a Breakfast Briefing on NH’s New Economy and for an unveiling of their latest research on NH’s Financial Services Industry. The forum is designed to help members of the Legislature understand the principles driving our State’s success in the New Economy and the public policies that will influence it. The forum is being held from 7:30 a.m. to 9:00 a.m., February 13, 2001 at the Concord Holiday Inn. Please RSVP attendance to info@networknh.com.

Senator Beverly A. Hollingworth

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THURSDAY, FEBRUARY 15, 2001

President Don Wharton would like to invite all members of the General Court to the annual Plymouth State College Breakfast on Thursday, February 15, 2001, at the Eagle's Nest Restaurant. Breakfast begins at 7:30 a.m. A short program will be held at 8:00 a.m. followed by an opportunity for questions and answers. Adjournment is 8:45 a.m.

Please join us to learn more about this excellent North Country Institution!

Senator Ned Gordon

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WEDNESDAY, FEBRUARY 21, 2001

The New Hampshire Community Technical College campus in Manchester invites all interested legislators to an open house at their campus on 1066 Front Street. There will be a luncheon reception at 12:00, followed by a brief presentation by President John O'Donnell and the student senate. After the presentation, there will be tours of the college facility conducted by NHCTC students. For More information, Please contact Louise Lachance at 668-6706

 

The New Hampshire Community Technical College campus in Stratham invites all interested legislators to an open house at their campus on 277 Portsmouth Avenue. There will be a breakfast reception at 8:30, followed by a brief presentation by President John O'Donnell and the student senate. After the presentation, there will be tours of the college facility conducted by NHCTC students. For more information, please contact Mary Williams at 772-1194.

 

The New Hampshire Community Technical College campus in Laconia invites all interested legislators to an open house at their campus on 379 New Prescott Hill Road, Route 106. At 9:30, there will be a brief presentation by President Alex Easton, the student senate, and community leaders. After the presentation, there will be tours of the college facility conducted by NHCTC students and administrators.

The tour will include the college's academic programs currently located on the prison property in Laconia. These three programs are general public programs, and are not connected with the department of corrections.

Following the tours, lunch will served at the college operated restaurant, the Food for Thought Café, at the Belmont Mill. For more information, please contact Don Morrissey at 524-3207.

Senator Harold Burns

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SATURDAY, MARCH 17, 2001

All Senate members are cordially invited to join former Senator Bobby Stephen in celebrating the 23rd Annual St. Patrick’s Day Bash on March 17, 2001 from 4 o’clock on at the Courtyard Banquet Facilities, located on Mammoth Road in Manchester.

Senator Lou D’Allesandro

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SENATE SCHEDULE 2001 SESSION

Friday, December 22, 2000, The Office of Legislative Services shall not draft a Senate bill or resolution, other than the general appropriations (budget) bill or the capital budget bill, unless a request by a member for drafting with complete information has been received not later than 3:00 p.m. on Friday, December 22, 2000.

Friday, January 19, 2001, Every Senate bill and joint resolution, except the general appropriations (budget) bill or the capital budget bill, must be signed off in Legislative Services by 5:00 p.m. on Friday, January 19, 2001.

Monday, February 26, 2001 - March 2, 2001 Senate Vacation Break

 

 

 

THE SUPREME COURT OF NEW HAMPSHIRE

___________________________

Request of the Senate

No. 00-148

OPINION OF THE JUSTICES

(Municipal Bonds)

January 19, 2001

It was resolved by the Senate:

"That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:

1. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the first sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that no law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters in a local referendum provided for in the law?

2. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the second sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that general laws authorizing cities and towns to adopt or amend their charters or forms of government shall become effective only upon the approval of the voters in a local referendum?

3. If under SB 365-LOCAL with the proposed amendment the majority voting requirements would differ between local political subdivisions with and without the optional voting procedures under RSA 40:13, will this result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions?

4. Do any other aspects of SB 365-LOCAL with the proposed amendment violate or conflict with any provisions of the state constitution?"

The full text of the senate resolution is reproduced as an appendix to this opinion.

 

To the Honorable Senate:

The following response is respectfully returned:

Senate bill 365-LOCAL (the bill) proposes to amend RSA 33:8 to reduce the voting majority necessary to authorize the issuance of bonds or notes in cities, towns, school districts and village districts to a uniform three-fifths for all such entities. Currently, RSA 33:8 requires a three-fifths majority to authorize the issuance of bonds in "official ballot" towns and school districts, and a two-thirds majority to authorize the issuance of bonds in all other towns and school districts that operate under a traditional "town meeting" form of government.

Your first and second questions ask whether the bill would violate the provisions of Part I, Article 39 of the New Hampshire Constitution. We answer these questions in the negative.

Part I, Article 39 provides:

No law changing the charter or form of government

of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters of such city or town upon a referendum to be provided for in said law.

The legislature may by general law authorize

cities and towns to adopt or amend their charters or forms of government in any way which is not in conflict with general law, provided that such charters or amendments shall become effective only upon the approval of the voters of each such city or town on a referendum.

This constitutional provision was added in 1966 to address two specific concerns: first, that the legislature could "subject a city to restrictions in its charter which do not apply to cities generally"; and second, that cities would continue to burden the legislature with charter issues rather than solving them locally. Report to the Fifteenth Constitutional Convention, Commission to Study the State Constitution at 24. As the November 8, 1966 Voters' Guide explained, the proposed constitutional amendment was limited in that it would "not require a referendum on general legislation which affects alike all cities and towns, or all cities or towns in the same class. Nor w[ould] this provision affect special acts which do not literally change the charter or form of government of a city or town." Voters' Guide to Proposed Amendments to Constitution of the State of New Hampshire, Election Question 3.

These provisions were designed to place limitations upon the traditional "plenary control by the Legislature over municipalities" by insuring that any changes in the charter or form of government of a "particular city or town" should be made by the Legislature only with the consent of the governed, and that any change instituted by the municipalities themselves, under general legislative authority, should similarly become effective only with like consent.

Opinion of the Justices, 109 N.H. 396, 400, 254 A.2d 273, 276 (1969) (citation omitted).

The bill before us does not trigger either of the referendum requirements of Part I, Article 39. The bill proposes general legislation that applies to all cities, towns, school districts and village districts in the State, not to a particular city, town, school district or village district. See id. The purpose of the bill is to establish a uniform state-wide supermajority voting requirement for the issuance of bonds and notes. Thus, the bill as proposed does not change the charter or form of government of a "particular city or town."

In addition, the bill does not "authorize cities and towns in general to amend their own charters or forms of government, so as to require approval by the voters on referendum." Id. Part I, Article 39 "was intended to prevent the form of government . . . from being altered by the legislature without a referendum of the people affected, and not to prevent the legislature from conferring additional powers upon a particular city to be exercised under its existing form of government." Opinion of the Justices, 112 N.H. 42, 46, 288 A.2d 697, 700 (1972).

The extent of home-rule power granted by Part I, Article 39 is "the prerogative to choose" one of the statutorily specified forms of municipal government. See Girard v. Town of Allenstown, 121 N.H. 268, 272, 428 A.2d 488, 491 (1981); RSA 49-B:2, I-III. Thus, the legislature's plenary power over municipalities is limited "by provisions of our State Constitution which grant municipalities only the right to control the form of their local government as enacted in their charters. Otherwise, the legislature may grant, withhold, or withdraw local control as it sees fit." Seabrook Citizens v. Yankee Greyhound Racing, Inc., 123 N.H. 103, 108, 456 A.2d 973, 975-76 (1983) (citations omitted).

Part I, Article 39 "has never been interpreted as a grant to municipalities of the supreme legislative authority over all municipal affairs." Opinion of the Justices (Weirs Beach), 134 N.H. 711, 715, 598 A.2d 864, 867 (1991). "This broader authority is exclusively vested in the legislature by part II, article 2 of our constitution." Id. at 716, 598 A.2d at 867.

The bill would impose upon cities and towns, under their existing forms of government, a uniform voting requirement for the issuance of debt. This reduces, in some cities and towns, the supermajority threshold for municipalities to issue debt, a power vested solely in the legislature and subsequently delegated. See id. (Part I, Article 39 has no impact on the legislature's unrestricted authority over other aspects of municipal functions). For these reasons, we answer your first and second questions in the negative.

Your third question asks whether differing majority voting requirements between local political subdivisions with and without the optional voting procedures under RSA 40:13 would "result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions." We answer in the negative.

In 1999, RSA 33:8 was amended to reduce the majority vote requirement for approval of bonds and notes by municipalities which have adopted voting procedures pursuant to RSA 40:13 from two-thirds to three-fifths. RSA 33:8 (2000). In all other municipalities, the required majority vote remained at two-thirds. The bill proposes to amend RSA 33:8 again to change the majority vote required for bonds and notes to three-fifths for all municipalities. On its face, the legislation would result in a uniform majority vote requirement across the State, thereby raising no equal protection, voting, or due process implications.

Your fourth question asks whether any other aspects of the bill "violate or conflict with any provisions of the state constitution." In accordance with our long-standing practice, we respectfully decline to answer this question because of its generality. See Opinion of the Justices (Weirs Beach), 134 N.H. at 717, 598 A.2d at 867-68.

____________________________

David A. Brock

 

____________________________

John T. Broderick, Jr.

 

____________________________

Joseph P. Nadeau

 

____________________________

Linda S. Dalianis

 

____________________________

James E. Duggan

January 19, 2001

Devine, Millimet & Branch, P.A., of Manchester (David H. Barnes & a. on the memorandum), filed a memorandum on behalf of Oyster River Cooperative School District, Exeter Region Cooperative School District, John Stark Regional School District, Contoocook Valley School District, and Winchester School District in support of negative answers to the questions.

Philip T. McLauglin, attorney general (Anne M. Edwards, assistant attorney general), joined in the memorandum of Oyster River Cooperative School District & a.

Edward N. Damon, senate legal counsel, filed a memorandum on behalf of Senator Caroline McCarley and Senator Rick A. Trombly in support of negative answers to the questions.

Shaines & McEachern, P.A., of Portsmouth (Paul McEachern on the memorandum), filed a memorandum on behalf of Richard McGraw in support of the court declining to answer question 3.

New Hampshire Municipal Association, of Concord (H. Bernard Waugh, Jr. on the memorandum), filed a memorandum in support of negative answers to the questions.

Jane Johnson, of Weare, filed a memorandum in support of negative answers to the questions.

Bill and Linda Ramsey, of Henniker, filed a memorandum in support of negative answers to the questions.

Sue Drake, of Weare, filed a memorandum in support of negative answers to the questions.

Bob Costa, of Henniker, filed a memorandum in support of negative answers to the questions.

John Stark Regional School District School Board, of Henniker, filed a memorandum in support of negative answers to the questions.

APPENDIX

The following request of the senate for an opinion of the justices was adopted on March 9, 2000, and filed with the supreme court on March 13, 2000:

"Whereas, there is presently pending in the Senate, SB 365-LOCAL, 'An Act relative to the adoption of bonds or notes in certain school districts and municipalities'; and

"Whereas, there has been proposed to SB 365-LOCAL an amendment (document number 2000-3618s) which would generally reduce the voting majority required to authorize the issuance of bonds or notes in cities, towns, school districts, and village districts from 2/3 to 3/5; and

"Whereas, SB 365-LOCAL with the proposed amendment does not provide for a local referendum accepting or declining the reduction in the voting majority; and

"Whereas, questions have arisen concerning the constitutionality of SB 365-LOCAL with the proposed amendment; and

"Whereas, it is important that the questions of the constitutionality of SB 365-LOCAL with the proposed amendment should be settled in the near future, and in any event before final passage by the senate; now therefore, be it

"Resolved by the senate:

"That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:

1. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the first sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that no law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters in a local referendum provided for in the law?

2. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the second sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that general laws authorizing cities and towns to adopt or amend their charters or forms of government shall become effective only upon the approval of the voters in a local referendum?

3. If under SB 365-LOCAL with the proposed amendment the majority voting requirements would differ between local political subdivisions with and without the optional voting procedures under RSA 40:13, will this result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions?

4. Do any other aspects of SB 365-LOCAL with the proposed amendment violate or conflict with any provisions of the state constitution?"

 

VISITORS' CENTER SCHEDULE - FEBRUARY

 

 

As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in February 2001. These listings will replace individual notifications in an effort to reduce paper usage and to ensure all members will be notified in a timely manner. Our schedule is tightly booked for the remainder of the school year. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director

DATE

TIME

GROUP

CLASS/Size

Feb. 1

10:00 & 11:15

Hollis Upper Elem School

4/50

Feb. 1

12:30

Russell School- Rumney

4/15

Feb. 2

9:00

Hopkinton High School

9/28

Feb. 2

11:00 & 12:30

Auburn Village School

4/75

Feb. 5

9:30 & 11:00

South Londonderry School

4/70

Feb. 6

9:30

Laconia Christian School

4/10

Feb. 6

11:00 & 12:30

Southwick School- Northfield

4/75

Feb. 7

9:30 & 11:00

Parker Varney School- Manchester

4/60

Feb. 8

9:30 & 11:00

Parker Varney School- Manchester

4/60

Feb. 9

9:30 & 11:00

South Londonderry School

4/70

Feb. 9

1:00

Centerwoods Elem.School- Weare

4/50

Feb. 12

10:00 & 11:15

Hollis Upper Elem School

4/50

Feb. 13

9:30 & 11:00

Crescent Lake School- Wolfboro

4/80

Feb. 14

9:30 & 11:00

St.Anthony School- Manchester

4/70

Feb. 15

11:00 & 12:30

Sunset Heights School- Nashua

6/50

Feb. 16

9:30 & 10:30

Washington St. Elem School- Penacook

4/60

Feb. 16

12:00 & 1:00

Washington St. Elem School- Penacook

5/60

Feb. 16

9:45 & 11:00

Bicentennial Elem School- Nashua Walk Thru

4/50

Feb. 20

9:00

Broken Ground Elem School – Concord

4/25

Feb. 20

11:00 & 12:30

Antrim Elem School

4/58

Feb. 21

9:00

Broken Ground Elem School- Concord

4/25

Feb. 21

11:00 & 12:30

Sunset Heights School- Nashua

6/50

Feb. 22

9:00

St.John Elem School- Concord

4/30

Feb. 22

11:00 & 12:30

Moultonboro Central School

4/50

Feb. 23

10:00 & 11:15

Hollis Upper Elem School

4/40

Feb. 23

9:45 & 11:00

Bicentennial Elem School- Nashua Walk Thru

4/75

Feb. 27

9:30 & 11:00

Woodman Park School- Dover

4/95

Feb. 28

10:00 & 11:00

Maplewood Elem – Somersworth

4/54

Mar. 1

9:30

SENH Christian Academy-Somersworth

4/15

Mar. 1

11:00 & 12:30

Mastway Elem School – Lee

4/40

Mar. 2

11:00 & 12:30

Mastway Elem School – Lee

4/40