Each week there is a Regular Calendar. These are items we will vote on individually. I will post these each week. I will try to highlight anything I think is especially relevant to our community. Please let me know if there is anything important to you and what your position is on the issue!
REGULAR CALENDAR
WEDNESDAY, FEBRUARY 2
ENVIRONMENT AND AGRICULTURE
HB 101-FN-A, relative to industrial hemp and establishing an industrial hemp special program fund. INEXPEDIENT TO LEGISLATE.
Rep. Stephen J Palmer for Environment and Agriculture: The federal government currently mandates that hemp not be grown in the United States. Therefore New Hampshire farmers are prohibited from growing hemp. There is now no law in Hampshire prohibiting the growing of hemp. Therefore, if the federal government removes it’s mandate, New Hampshire farmers are free to grow hemp. Additionally, the bill creates a bureaucracy to oversee the seed sales, growth and sale of hemp, cost unknown. Vote 11-7.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 136-FN, repealing the uniform athlete agents act. OUGHT TO PASS.
Rep. Spec Bowers for Executive Departments and Administration: This bill repeals RSA 332-J, which establishes the requirement to register as an athlete agent. Only six people have registered as athlete agents in five years, none at all in the last two years. There have been zero enforcement actions. It is not needed because athletes, parents, and coaches are knowledgeable about the rules and are fully able to exercise individual responsibility. The statute is harmful in that it encourages reliance on the government to protect people from their own decisions. Vote 7-5.
FISH AND GAME AND MARINE RESOURCES
HB 167, naming the Enfield wildlife management area after former fish and game biologist Henry Laramie. OUGHT TO PASS.
Rep. Marc D Tremblay for Fish and Game and Marine Resources: This bill would rename the Enfield wildlife management area in honor of deceased fish and game wildlife biologist Henry Laramie. Henry Laramie was a true visionary in regards to wildlife in this state in many different ways. His dedication and professionalism during his long career led to not only better management of wildlife species in New Hampshire, but several of his accomplishments have been used across North America. These accomplishments include the development of the beaver pipe, implementation of safe and effective tranquilizers used to sedate bear for research and initiatives to acquire, protect, and preserve hundreds of acres of land in New Hampshire. Henry was instrumental in successfully creating a moose management program. Henry’s visionary ideas are being utilized worldwide. We are honored to recognize this truly special man. Vote 15-0.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
HB 71, authorizing establishment of pharmaceutical drug take-back programs. OUGHT TO PASS.
Rep. Evalyn S Merrick for Health, Human Services and Elderly Affairs: This bill allows New Hampshire communities and private entities to establish uncontrolled and controlled drug take-back programs for the purpose of destruction of these agents. The law allows this action in collaboration with the chief law enforcement of the community or governmental entity. There was great legislative and constituent support for this legislation. All should support this legislation as it has already proven its ability to remove thousands of unused medications from homes, and streets of New Hampshire. Vote 17-0.
STATE FEDERAL RELATIONS AND VETERANS AFFAIRS
HB 89, requiring the attorney general to file lawsuits challenging the Patient Protection and Affordable Care Act and the United States Environmental Protection Agency's cap and trade program. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. Steven L Cunningham for the Majority of State-Federal Relations and Veterans Affairs: The committee determined that the patient protection and affordable care act would result in huge unfunded mandates for New Hampshire, a concern worthy of action by the attorney general. Testimony from the chairman of the finance committee assured us of the massive costs the patient protection and affordable care act would bring to the state. These expensive mandates appear to violate our state sovereignty. The committee has verified that there is no cost to join the lawsuit. Other states, such as Alaska, have budgeted $5,000 for travel and miscellaneous associated expenses to allow a minimal presence in this lawsuit.
A secondary concern for the committee was that the patient protection and affordable care act requires that New Hampshire citizens purchase a health care insurance policy against their will. The committee agrees that this is an onerous violation of individual rights that should be opposed. Vote 11-3.
Rep. Theodoros V Rokas for the Minority of State-Federal Relations and Veterans Affairs: While the minority finds numerous reasons to deem HB 89 inexpedient to legislate, we will focus on the two most important – constitutionality and cost. As stated by the attorney general at the public hearing, HB 89 is a clear violation of the separation of powers doctrine (part 1, article 37) of the New Hampshire constitution. Part 1, article 37 states that the legislative, executive, and judicial branches of government “ought to be kept as separate from, and as independent of, each other, as the nature of free government will admit…” Ever since the adoption of part 1, article 37 in 1784, it has been the duty of the legislative branch to enact laws, and the duty of the executive branch to enforce them. The minority agrees with the attorney general that HB 89 violates that separation of power by having the legislative branch dictate to the executive branch which laws to challenge. Just as the attorney general has no constitutional authority to require the legislature to pass or defeat particular bills, the legislature has no constitutional authority to require the attorney general to mount legal challenges against particular laws. If the legislature can compel the attorney general to challenge particular laws, the traditional independence of the attorney general is compromised. This bill is also a perfect example of the wasteful government spending we all seek to eliminate. Passage of HB 89 would require the attorney general to spend his time, resources, and financial wherewithal joining a federal lawsuit that is going forward anyway. The legal and constitutional questions remain the same, and the eventual effect on New Hampshire will be the same whether we join the lawsuit or not. While some states may have extra money in their budgets to make the symbolic act of becoming the 26th or 27th state to join this federal lawsuit, we do not. As one of the least-taxed states in the country, New Hampshire can only afford to spend money on legal cases on which our inclusion has the potential to make a meaningful difference. Additionally, the potential cost to taxpayers for passing HB 89 is unknown. While there was discussion in committee as to the “estimated” cost of passing HB 89, there is no fiscal note attached to the bill. The true cost of HB 89 is unknown. At a time when we will likely see spending reductions in education, and to programs that benefit our neediest citizens, the last thing we should be spending money on is symbolic lawsuits with an unknown cost to the citizens of our state. The minority can think of no better way to show our commitment to responsible spending than to find HB 89 inexpedient to legislate.
HCR 1, urging the congressional delegation to begin the process for a constitutional amendment establishing that human beings, not corporations, are entitled to constitutional rights. INEXPEDIENT TO LEGISLATE.
Rep. Jeanine M Notter for State-Federal Relations and Veterans Affairs: This bill would urge congress to begin the process of amending the U.S. constitution to establish that human beings and not corporations are entitled to constitutional rights. This has to do primarily with the funding of elections. The HCR should be killed. Vote 8-5.
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