HB 484- drug testing of families receiving food stamps

HB 484, requiring random drug testing of all applicants for, or recipients of, the food stamp program.  

 

This program will cost millions of dollars and will result in no cost savings for the State because this is a Federally funded program.

  

From the bill methodology below:• There are currently 53,426 households and 112,293 individuals receiving food stamps in New Hampshire. The Department assumed 10% of all recipients would be tested monthly. The result would be between 5,343 (caseheads only) and 11,229 (including minor children) tests administered.  

The cost would be between $293,865 and $617,595 per month or between $3,526,380 and $7,411,140 annually. 

 

HB 484 will be voted by the House Health, Human Services and Elderly Affairs Committee on Tuesday, March 1 at 9 a.m. in Rm. 205, LOB.

 

EMAIL THE COMMITTEE:     ~HHSEA@leg.state.nh.us

 

 

HB 484-FN – AS INTRODUCED

2011 SESSION

11-0629
05/01
HOUSE BILL 484-FN
AN ACT requiring random drug testing of food stamp program participants.
SPONSORS: Rep. Summers, Hills 26; Rep. Silva, Hills 26; Rep. LeBrun, Hills 26; Rep. Ohm, Hills 26; Rep. M. Reed, Hills 26; Rep. Whitehead, Hills 26
COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill requires random drug testing of food stamp program participants.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0629
05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT requiring random drug testing of food stamp program participants.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Food Stamp Program; Random Drug Testing Program. Amend RSA 161 by inserting after section 10 the following new section:
161:11 Food Stamp Program Eligibility; Random Drug Testing Required.
I. To the extent permitted by the Food Stamp Act of 1977, as amended, and federal regulations adopted thereunder, the commissioner of the department of health and human services shall institute a random drug testing program for all applicants for, or recipients of, the food stamp program.
II. The commissioner shall deny, or otherwise deem ineligible, any applicant for, or recipient of, food stamps if the applicant or recipient twice fails a drug test for illegal consumption of any illegal drugs/controlled substances or prescription drugs not prescribed by his or her doctor.
III. Any applicant or recipient of food stamps shall submit to the commissioner’s random drug testing program as a requirement for eligibility or continued receipt of such assistance. Failure to comply shall be the same as twice failing a drug test.
IV. Any applicant or recipient of food stamps who fails an initial drug test shall be required to submit to a second drug test no less than 30 days and no more than 60 days from the initial drug test. The commissioner shall not deny, or otherwise deem ineligible, any applicant or recipient until the failure of the second drug test.
V. Any applicant or recipient of food stamps denied, or otherwise deemed ineligible, by the commissioner following a failure of an initial random drug test and the mandatory secondary test shall be ineligible to receive, or prohibited from reapplying for, such benefits for a period of 2 years from the date that the commissioner denied an applicant’s claim or determined the applicant to be ineligible. Any applicant denied or deemed to be ineligible under this section shall submit to a mandatory drug test as part of a reapplication for food stamps.
VI. The commissioner shall be responsible for ensuring that applicants and recipients chosen for drug testing are selected at random, and not by any other criteria, including, but not limited to, suspicion of drug use, previous drug use, or criminal conviction for drug use or possession.
VII. The commissioner shall be responsible for ensuring the confidentiality of any and all drug test results administered as part of the program. Random drug test results shall only be used for the purpose of denying, or determining eligibility for continued receipt of, public assistance in the form of welfare or food stamps or both. At no time shall drug test results be released to any public or private person or entity.
VIII. Urine tests may be taken at local district offices by using instant testing devices that are approved by the Food and Drug Administration and comply with the Health Insurance Portability and Accountability Act to ensure the protection of the privacy of individually identifiable health information is protected. The commissioner shall take all reasonable steps to keep the cost of testing to a minimum. The commissioner shall establish a system to maintain test results of applicants for up to 2 years on each applicant that has tested positive.
IX. The commissioner shall adopt rules, under RSA 541-A, relative to the implementation and administration of the random drug testing program.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0629
Revised 01/31/11

HB 484 FISCAL NOTE

AN ACT requiring random drug testing of food stamp program participants.
FISCAL IMPACT:

The Department of Health and Human Services states this bill will increase state expenditures by an indeterminable amount in FY 2012 and in each year thereafter. There may be an indeterminable increase in local expenditures. There will be no fiscal impact on state, county or local revenue, or county expenditures.

METHODOLOGY:

The Department states this bill would require random drug testing for applicants and recipients of food stamps under the Supplemental Nutrition Assistance Program (SNAP). Individuals failing a drug test twice would not be eligible for assistance for two years and failure to comply will be treated as twice failing a drug test. The Department indicated that there are federal prohibitions against mandatory drug testing for SNAP. The Department made the following assumptions that would apply in the event that the federal restriction on Drug testing was lifted: • All applicants and recipients of food stamps, regardless of age, will be subject to random mandatory drug testing. • It is assumed that testing would be for “illicit drugs” as defined by the Substance Abuse and Mental Health Services Administration (SAMHSA). This includes marijuana, hashish, cocaine, crack, heroin, hallucinogens, inhalants, and prescription-type psychotherapeutics, pain relievers, tranquilizers, stimulants and sedatives used non-medically. • Based on information from the Center for Law and Social Policy, the cost per test administered would be between $35 and $75. The Department assumes $55 per test. • There are currently 53,426 households and 112,293 individuals receiving food stamps in New Hampshire. The Department assumed 10% of all recipients would be tested monthly. The result would be between 5,343 (caseheads only) and 11,229 (including minor children) tests administered. The cost would be between $293,865 and $617,595 per month or between $3,526,380 and $7,411,140 annually. • Based on a drug testing program for Temporary Aid to Needy Families (TANF) clients in Michigan, 10% of the recipients tested positive for illicit drugs. This was consistent with Michigan’s general population. • According to SAMHSA, 8.3 percent of New Hampshire’s general population aged 12 or older have used drugs in the past month. The Department assumed 8.3% of the tested recipients would also test positive therefore between 443 and 932 would require a second test at a cost of between $24,365 and $51,260 each month or between $292,380 and $615,120 per year. • There would be no savings to the state for individuals determined ineligible as food stamps are a federal benefit administered by the state. • Travel and child care reimbursement would be required for some individuals as they will be required to come to the district office to provide a urine sample. This amount is not known. • Modifications to district office space will be needed to accommodate the collection of test samples and additional staff and training would be needed to administer the tests. This amount is not known. • One-time cost would be incurred for modifications to the New HEIGHTS eligibility management system. This amount is not known.
There may be an increase in local expenditures as individuals no longer receiving food stamps may rely on local assistance.

HB 587 will ban the use of “irreconcilable differences” in divorce if there are minor children involved.

HB 587 will ban the use of “irreconcilable differences” in divorce if there are minor children involved. 

 

For more than 40 years, the use of irreconcilable differences has allowed individuals to avoid costly, public airings of the reasons for the dissolution of their marriage.  This legislation will force parents to prove that one has, for example, committed adultery, been extremely cruel, become impotent or been a drunkard or abandoned the family for at least two years.  

 

(See RSA 458:7 for a comprehensive list of grounds that may be used to show cause as to why a court may grant a divorce.)   

 

HB 587 will be heard before the House Children and Family Law Committee on in Rm. 206, LOB, on Thursday, March 3 at 9:30 a.m..   

 

You can want to contact the Committee members at http://www.gencourt.state.nh.us/house/committees/committeedetails.aspx?code=H37 and tell them what you think of the legislation.  

 

 

HB 587 – AS INTRODUCED

2011 SESSION

11-0580
05/09
HOUSE BILL 587
AN ACT relative to grounds for divorce for persons with minor children.
SPONSORS: Rep. G. Hopper, Hills 7; Rep. Groen, Straf 1; Rep. Comerford, Rock 9; Rep. Ingbretson, Graf 5
COMMITTEE: Children and Family Law

ANALYSIS

This bill permits no fault divorce based on irreconcilable differences only if the parties do not have minor children.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0580
05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to grounds for divorce for persons with minor children.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Causes for Divorce; Irreconcilable Differences; Limited to Cases Without Minor Children. Amend RSA 458:7-a to read as follows:
458:7-a Absolute Divorce, Irreconcilable Differences. A divorce from the bonds of matrimony shall be decreed, irrespective of the fault of either party, on the ground of irreconcilable differences which have caused the irremediable breakdown of the marriage only if there are no minor children of the parties. In any pleading or hearing of a petition for divorce under this section, allegations or evidence of specific acts of misconduct shall be improper and inadmissible, except [where parental rights and responsibilities are an issue and such evidence is relevant to establish that a particular allocation of parental rights and responsibilities would be detrimental to the child or] at a hearing where it is determined by the court to be necessary to establish the existence of irreconcilable differences. If, upon hearing of an action for divorce under this section, both parties are found to have committed an act or acts which justify a finding of irreconcilable differences, a divorce shall be decreed and the acts of one party shall not negate the acts of the other nor bar the divorce decree. The court’s findings and decree may be based on oral testimony or written stipulations of the parties.
2 Effective Date. This act shall take effect January 1, 2012.
 

3/2/11 REGULAR CALENDAR

REGULAR CALENDAR

WEDNESDAY, MARCH 2

CRIMINAL JUSTICE AND PUBLIC SAFETY

HB 29, permitting a person to petition the superior court for any action pertaining to a pistol or revolver license.  MAJORITY:  INEXPEDIENT TO LEGISLATE.  MINORITY:  OUGHT TO PASS.

Rep. Larry G Gagne for the Majority of  Criminal Justice and Public Safety:  This bill would have allowed denial of a concealed weapon license to be heard in superior court.  RSA 159:6-c was designed to allow a denial to be heard in a district court.  This allows the applicant to appeal the decision of the issuing authority either pros or cons with an attorney.  If the issuing authority did not follow the procedure outlined in RSA 159:c, License to Carry, the procedure then is outlined in RSA 159:6-d, which allows the applicant to file in superior court.  The passage of HB 29 would be costly and time consuming for both the applicant and the issuing authority.  It would also be costly for the taxpayers.  This statute has served gun owners since its inception in 1998, when it was introduced and supported by gun owners, passed by the general court and signed into law by the governor.  Vote 11-6.      

Rep. Robbie L Parsons for the Minority of  Criminal Justice and Public Safety:  The minority believes that HB 29 should have been amended and be OTP.  1)  Remove municipal court, as they no longer exist. 2)  Add superior court because RSA 491.7 states of actions commenced in a district court which are transferable by statute to the superior court.

HB 475-FN, relative to penalties under the consumer protection act.  OUGHT TO PASS.

Rep. Philip E Ginsburg for Criminal Justice and Public Safety: The law currently allows only misdemeanor charges under the consumer protection act against an individual, regardless of the value of the goods or services involved in the crime.  The committee believes it is appropriate to let the punishment better fit the crime by allowing a charge of class B felony for values between $1,000 and $1,500 and a class A felony for a value of more than $1,500.  Vote 13-1.

HB 572-FN, relative to official oppression.  OUGHT TO PASS.

Rep. Mark Warden for Criminal Justice and Public Safety: This bill revises the offense of official oppression by making it either a class B misdemeanor or a violation, depending on whether a public servant acted with a purpose to benefit oneself or another or to harm another. The committee felt that the intention of this bill, to increase accountability of public servants, is a positive step towards better government.  Vote 9-5.

ELECTION LAW

HB 240, allowing voters to vote for multiple candidates for an office.  MAJORITY:  INEXPEDIENT TO LEGISLATE.  MINORITY:  OUGHT TO PASS.

Rep. Shawn N Jasper for the Majority of  Election Law: This bill, which would institute approval voting, would fundamentally change the way we elect the people who represent us.  Under this election system citizens could vote for as many candidates as they “approve” of.  If this bill became law, even the proponents admit that a candidate who in a traditional election would have won the popular vote can lose and a candidate who would have gotten the least number of votes could win.  While it is true that the winner would be “approved” by the greatest number of voters, it would essentially give us governance by “whomever.”  When those we elect do not have a base of strong support it is almost always impossible for them to govern effectively.  The only example of a political organization using this method of voting that can be found is the United Nations – need we say more?   Vote 15-3.      

Rep. Cameron W DeJong for the Minority of  Election law:  This bill is a simple idea which eliminates spoilers, gamesmanship and tossed ballots at essentially no cost while maintaining the familiar ballot form and counting methods.  It does this by allowing the voter to express a separate opinion on each candidate, i.e. “would that candidate be a good choice for that office?”  This approach would lead to more widely supported candidates and greater voter satisfaction.  Unfortunately the bill was discussed by opponents in its public hearing in such a way that many aspects of the bill were misunderstood.  For example, it was alleged that cities like San Francisco use this method while in reality they use very expensive and problematic instant runoff voting (IRU) systems.  The minority believes that this bill should be retained by the committee for further review to work on the exact wording of its ballot, instructions, and to alleviate concerns brought forth by the Secretary of State       

FISH AND GAME  AND MARINE RESOURCES

HB 194, repealing the prohibition on having or carrying certain crossbow, rifles, or shotguns in vehicles.  INEXPEDIENT TO LEGISLATE.

Rep. Lyle E Bulis for Fish and Game and Marine Resources:  The committee heard extensive testimony and then debated two relevant amendments that ultimately failed.  The majority of the committee voiced strong concern about the safety of those in, on or around vehicles containing loaded firearms.  The majority of the committee feels that the existing firearms statutes should not be changed.  The department of safety, the fish and game department, and the New Hampshire police chiefs association among many others voiced opposition to this bill.  Vote 12-4.

JUDICIARY

HB 259, requiring the supreme court to adopt rules of evidence for the judicial branch family division.  OUGHT TO PASS.

Rep. Gregory M Sorg for Judiciary:  This bill would require the supreme court to adopt rules of evidence to be followed uniformly in the family division. Established experimentally in 2005 by enactment of RSA Chapter 490-D and gradually expanded thereafter, the family division has taken over jurisdiction of many family-related matters formerly exercised by the superior, district or probate courts. Apparently, by reason that Chapter 490-D is silent on the subject and that many parties in the family division appear pro se, that is, without attorneys, proceedings in the courtroom have typically been conducted informally, without requiring adherence to the New Hampshire rules of evidence followed in the other courts. While superficially such informality would appear to be helpful and conducive to getting to the facts, in actual practice it encourages such abuses as the making of accusations and recriminations on the basis of hearsay, which cannot be effectively rebutted, leading to confusion and disorder in the court and injustice to the accused. The qualification in this bill that the rules adopted should be based on the present rules of evidence “to the extent practicable” should  provide the marital master with the necessary flexibility.  Vote 10-5.

MUNICIPAL AND COUNTY GOVERNMENT

HB 584, authorizing coastal management provisions in master plans.  INEXPEDIENT TO LEGISLATE.

Rep. Betsey L Patten for Municipal and County Government:  The master plan in a community gives the residents the opportunity to give guidance to the planning board about how they want to see their community grow and change.  There are fourteen subjects that are spelled out in RSA 674:2, III.  One of those subjects is “natural hazard section which documents the physical characteristics, severity, frequency and extent of any potential natural hazards to the community.”  The committee noted that coastal management in relationship to rising sea levels fits into the mission of this paragraph.  The committee also realizes that the Army Corp of Engineers, the coastal management plan for New Hampshire and the department of environmental services already have a variety of rules and regulations.  The majority of the committee agreed that coastal management was already covered by the master plan.  Vote 13-1.

PUBLIC WORKS AND HIGHWAYS

HB 525, naming a bridge in the town of Merrimack in honor of Corporal Timothy Gibson, U.S.M.C.  OUGHT TO PASS WITH AMENDMENT.

Rep. John A Graham for Public Works and Highways:  This bill honors the memory of Corporal Timothy Gibson, USMC, who was killed in action in Iraq in 2005 by naming a bridge in the town of Merrimack in his honor.  The amendment simply corrects the DOT inventory number of the bridge.  Vote 12-0.

TRANSPORTATION

HB 64-FN, authorizing medal insignias on special number plates for veterans.  INEXPEDIENT TO LEGISLATE.

Rep. John A Hikel for Transportation:  This bill is very well intentioned.  However, there are plans in committee to deal with creating a multi-use plate to be used by many organizations  Vote 14-0.

HB 90, relative to enforcement of the requirement of boaters to have a safe boater education certificate.  OUGHT TO PASS WITH AMENDMENT.

Rep. John R Cloutier for Transportation:  This bill, as amended, would enforce the requirement of boaters to have a safe boater education certificate only as a secondary action when an operator of a motorized or registered vessel has been cited, charged with, or issued a written warning for a violation or some other offense, or as a primary action when an operator is involved in an accident or when an operator is the subject of a complaint made to a peace officer or an agent of the director of the marine patrol division of the department of safety.  Vote 12-3.

HB 441-FN, relative to muffling devices on boats.  OUGHT TO PASS WITH AMENDMENT.

Rep. John A Hikel for Transportation:  This bill allows an already compliant exhaust system on boats to be manually switched to allow above water exhaust to be diverted underwater to further quiet and be of enjoyment to all those in lake homes.  Furthermore, this practice at high rpm’s is potentially very damaging internally, which will ensure the practice will be at low speeds - approximately 10-15 mph.  Vote 14-0.

3/2/11 Consent Calendar

LAID ON TABLE

HB 37-FN-A, reestablishing the initial monthly gross charge exemption to the communications services tax.  (Pending question OTP – third reading.)

HB 154-FN-A, increasing a threshold amount for taxation under the business enterprise tax.  (Pending question OTP/A – third reading.)

HB 166-FN-A-L, reducing the rate of the meals and rooms tax.  (Pending question OTP/A – third reading.)

CONSENT CALENDAR

WEDNESDAY, MARCH 2

CHILDREN AND FAMILY LAW

HB 313, requiring parental consent for court referral of a minor to a juvenile diversion program.  OUGHT TO PASS WITH AMENDMENT.

Rep. Marie N Sapienza for Children and Family Law:  This bill deals with voluntary consent in juvenile diversion law.  The sponsor stated that existing statutory wording could be confusing and that courts had occasionally misinterpreted to the detriment of the juvenile.  The wording of the amended bill is concise and the court system had no problem with the change.  Vote 16-0.

HB 488-FN, relative to criminal records checks for employment with child day care agencies.  OUGHT TO PASS WITH AMENDMENT.

Rep. David S Robbins for Children and Family Law: This bill was requested by the department of health and human services (DHHS). It provides for a more limited criminal records check when an employee or volunteer at a child daycare agency which has completed the full criminal records check within the last three years transfers to another child daycare agency.  The DHHS states the bill may decrease state, county and local expenditures and state revenue by an undetermined amount in FY 2011, and each year thereafter.  There will be no fiscal impact on county or local revenues.  The department of safety states the bill will have no fiscal impact on them.  Vote 10-0.

HB 490-FN, adopting the interstate compact for juveniles.  OUGHT TO PASS.

Rep. David S Robbins for Children and Family Law:  This bill adopts the most recent version of the interstate compact for juveniles based on the compact model developed by the council of state governments and the office of juvenile justice and delinquency prevention.  This compact shall not interfere with the state’s authority to determine policy regarding juvenile offenders and non-offenders within the state.  Vote 16-0.

HB 634-FN, relative to payment of guardian ad litem and mediator fees in marital cases where the parties are indigent.  OUGHT TO PASS.

Rep. Patricia T. Lovejoy for Children and Family Law: This bill streamlines the accounting process for the compensation of mediators and guardians ad litem in marital cases where the parties are indigent.  The bill also repeals an obsolete provision regarding the regulation of guardians ad litem by the supreme court.  Both issues addressed by this bill are “housekeeping issues.”  This bill was brought at the request of the supreme court.  Vote 13-0.

CRIMINAL JUSTICE AND PUBLIC SAFETY

HB 57, establishing a committee to study the penalties for menace, nuisance, or vicious dogs.  INEXPEDIENT TO LEGISLATE.

Rep. Laura C Pantelakos for Criminal Justice and Public Safety:  The sponsor of this bill asked for it to be ITL.  He felt it would be in the best interest to work with dog owners of the state to bring forth a better bill next session.  Vote 16-0.

HB 225-FN, relative to the return of personal property confiscated by law enforcement agencies from a person charged with a crime.  INEXPEDIENT TO LEGISLATE.

Rep. Stephen J Shurtleff for Criminal Justice and Public Safety:  This bill would have set up a procedure for the return of personal property seized under RSA 173-B by law enforcement agencies.  The committee felt that the bill had merit, but there were several issues that the sponsors hadn’t addressed that were brought to committee’s attention during the bill’s hearing including the proposed time limits, how the issue of contraband would be addressed, how this bill might conflict with RSA 606:10,II, etc.  The committee recommends that the sponsors work with the department of safety on a new bill for next year’s session.  Because of the changes that need to be made, the bill would be changed substantially, thus allowing it to be introduced in the second half of the biennium.  Vote 14-2.

HB 282-FN, relative to spitting or urinating in an emergency vehicle.  INEXPEDIENT TO LEGISLATE.

Rep. Larry G Gagne for Criminal Justice and Public Safety:  This bill was ITL’d because there were no provisions made for involuntary loss of bodily functions.  What if the person was unconscious and not responsible for his or her actions?  A better bill would have inserted the word “deliberately.”  This would have made this bill acceptable.  Vote 15-0.

HB 304, requiring prisoners between 17 and 25 years of age to complete the requirements for a high school certificate or a GED prior to release on probation or parole.  INEXPEDIENT TO LEGISLATE.

Rep. Mark Warden for Criminal Justice and Public Safety:  While the committee agreed that incentives for prisoners completing their high school certificate or GED is not a bad idea per se, we felt that the requirements in this bill would give unfair preference to selected prisoners over those who already have graduated from high school or who simply have no interested in such studies.  High school equivalency courses are already offered in prison through Granite State High School.  Despite some merits of the bill’s intent, even the co-sponsors voted to ITL.  Vote 15-0.

HB 372, adding cigar blunt wraps to the definition of drug paraphernalia in the controlled drug act.  INEXPEDIENT TO LEGISLATE.

Rep. Robbie L Parsons for Criminal Justice and Public Safety:  After consideration, the sponsor requested to ITL/withdraw HB372  Vote 15-0.

HB 428-FN, relative to the procedures for detention and sanctions for default and breach of conditions of bail and recognizances.  INEXPEDIENT TO LEGISLATE.

Rep. Stephen J Shurtleff for Criminal Justice and Public Safety: The committee realizes that this bill would be helpful to the Hillsborough County department of corrections,  but passage of this bill would cause unintended consequences for other NH pre-trial supervision programs.  This bill would give the jail superintendant the authority to revoke an individuals bail as part of the pre-trial supervision program.  In several counties this program is a part of the county attorney’s office, not the department of corrections.  Furthermore, there is no provision in the bill for a court hearing to determine if there were grounds for the bail revocation.  It would be best for the sponsor to work with the NH association of counties to come up with legislation that would be in the best interest of all ten counties.  Vote 16-0.

HB 432, limiting traffic violation stops of women at night.  INEXPEDIENT TO LEGISLATE.

Rep. Phil J Greazzo for Criminal Justice and Public Safety:  The committee believes this to be arbitrary to the spirit of equality in the law and believe women currently have the ability to drive to the nearest police station, or stop in a well lit area during a traffic stop.  Vote 15-0.

HB 448-FN, relative to spice incense products.  INEXPEDIENT TO LEGISLATE.

Rep. Kyle J Tasker for Criminal Justice and Public Safety:  This bill presents a slippery slope with no foreseeable end.  Any product used against its intended and instructed use can be dangerous.  This product has no greater potential for abuse or danger than any number of legally sold products.    Vote 11-5.

HB 526-FN-L, requiring the registration of persons convicted of animal abuse.  INEXPEDIENT TO LEGISLATE.

Rep. Larry G Gagne for Criminal Justice and Public Safety:  This bill, if passed, would be a drain on the financial and personal resources of the state and in particular the department of safety (DOS).   This bill would require a substantial financial investment funded by taxpayers and cause added expenses to local police departments and law enforcement agencies.  There is no evidence that such a registry is necessary and in fact law enforcement officials already have resources from which they can determine prior records of arrest and conviction of any person, in the state, or out of state.  Vote 15-0.

HB 535, relative to the committee to study parole boards and parole board procedures.  OUGHT TO PASS.

Rep. Laura C Pantelakos for Criminal Justice and Public Safety:  The committee feels that the study that was started in 2010 should continue as there was not time enough to address all the issues.  Vote 15-0.

HB 556, relative to citizen complaints against police officers.  INEXPEDIENT TO LEGISLATE.

Rep. Robbie L Parsons for Criminal Justice and Public Safety:  This is a personnel issue for which most towns and cities already have procedures in place.   Also, all personnel issues are not public.  Vote 11-3.

HB 644-FN, relative to various state laws pertaining to unlawfully present aliens.  INEXPEDIENT TO LEGISLATE.

Rep. David A Welch for Criminal Justice and Public Safety: This bill would have the NH State Police trained to enforce federal immigration laws.  It allows the state police to gather and share information about known illegally present aliens.  It further suggests that if the lawful immigration status of a person in the custody of the police cannot be determined the department of homeland security can do it within 48 hours.  It further states that any applicant for public benefits must provide proof of citizenship, residency or lawful presence in order to receive benefits.  Employers will have responsibility to classify their employees as lawful aliens.  The last part of the bill violates habeas corpus stating that once incarcerated he or she cannot get out until the lawful presence is determined.  During the public hearing only the sponsor spoke in favor of this bill.  The committee agrees with all the rest of those who opposed this bill.  Vote 13-0.

EDUCATION

HB 105, relative to the required number of instructional days and instructional hours in a school district's calendar.  INEXPEDIENT TO LEGISLATE.

Rep. Ralph G Boehm for Education:  This bill is identical to HB 112 which passed the house on 2/9/11.  Therefore, this bill is not necessary.  Vote 15-0.

HB 467-FN, relative to the procedure for school districts to determine if a child in the juvenile court system is a child with a disability.  INEXPEDIENT TO LEGISLATE.

Rep. Laura M Jones for EDUCATION.  The sponsor asked us to ITL since it is not needed.  Judges currently have discretion in these matters.  Vote 14-0.

ELECTION LAW

HB 106, relative to filing for town offices.  OUGHT TO PASS WITH AMENDMENT.

Rep. Kathleen M Hoelzel for Election Law:  This bill, as amended, would require anybody filing for a town office on the last day of the filing period to file with the town clerk in person.  This would provide the town clerk an opportunity to verify that the candidate’s name that appears on the form is the actual person.  This adopts the same policy for local elections as we have for all other elections.  Vote 17-0.

HB 197-L, relative to processing absentee ballots.  INEXPEDIENT TO LEGISLATE.

Rep. Kathleen M Hoelzel for Election Law:  This bill would allow moderators to open absentee ballots at any time on election day.  Present law requires that absentee ballots be opened at 1:00 p.m.  This uniform rule gives challengers notice of when to observe and dispute the counting of improperly cast ballots.  HB 197 would deprive our elections of this protection by permitting moderators to open absentee ballots at any time of the day.  Consequently people wouldn’t know when to be present to challenge those ballots.  Vote 17-1.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS

HB 120, extending the public health services improvement council.  INEXPEDIENT TO LEGISLATE.

Rep. James R MacKay for Health, Human Services and Elderly Affairs:  The intent of this bill, extending the public health council which has a primary goal to develop a public health improvement plan, does not require legislation.  Recent legislative changes to the duties of the oversight committee on health and human services provides authority to the oversight committee to “create subcommittees, councils, task forces, or other ancillary bodies as necessary to implement its responsibilities.”  The work of the public health council clearly comes under the purview of the oversight committee.  The council will work under guidelines and outcomes established by the oversight committee.  In addition, this allows the council to continue its work immediately.  All committees approved by the oversight committee automatically are repealed at the end of the second year of the legislative session.  Vote 15-0.

HB 189, relative to disclosure of certain hospital fees.  INEXPEDIENT TO LEGISLATE.

Rep. Robert A Fredette for Health, Human Services and Elderly Affairs:  The intent of this bill has been accomplished by an informal agreement with the NH hospital association that it will ensure that the patients are informed of the charge for a facility fee.  The effectiveness of this agreement will be confirmed in six (6) months by the oversight committee with the NH hospital association.  Vote 15-1.

HB 289, relative to procedures followed by funeral directors.  OUGHT TO PASS WITH AMENDMENT.

Rep. Donald L LeBrun for Health, Human Services and Elderly Affairs:  This bill for unclaimed remains would add sections that address the issue of missing relatives, criminal death cases, relying on representations and the disposition of unclaimed remains.  This bill allows for respectful and dignified disposition of the deceased.  Vote 16-0.

HB 306, relative to access to birth records.  INEXPEDIENT TO LEGISLATE.

Rep. Laurie Harding for Health, Human Services and Elderly Affairs:  This bill would enable a “person of interest” to request a copy of the birth worksheet from the state registrar. The birth worksheet contains information that includes personal demographic information as well as information such as alcohol use, prenatal care information, infections present during pregnancy, method of delivery as well as abnormal conditions of the newborn.  The committee determined that this was a breach of privacy.  Vote 15-0.

JUDICIARY

HB 510, requiring marital masters to be New Hampshire residents.  OUGHT TO PASS.

Rep. Brian J.X. Murphy for Judiciary:  This bill requires marital masters to be residents of New Hampshire at the time of appointment and throughout their term.  Marital masters are contract employees reporting to the judicial branch.  The committee felt that these jurists should live in and be subject to the same laws and regulations as the communities that they service.  The residency requirement accomplishes this goal.    Vote 13-2.

HB 511, relative to retired judges over 70 years of age.  OUGHT TO PASS.

Rep. J. Brandon Giuda for Judiciary:  This bill eliminates the unconstitutional practice of allowing retired judges over the age of 70 to serve as a judge.  Part II, Article 78 of the New Hampshire Constitution states, “No person shall hold the office of judge of any court … after he has attained the age of seventy years.”  Part I, Article 35 of the New Hampshire Constitution states that in order to hold a judicial office, one must be “nominated and appointed by the Governor and council.”  Part II, Article 73 states that “judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behavior except those for whom a different provision is made in this constitution.”  In recent years, the judiciary created and embraced the practice of allowing retired judges over the age of 70 to sit on cases, in order to provide a solution to the political problem of too few judges.  When challenged, the New Hampshire supreme court reasoned that although the position required an original nomination and appointment by the governor and council and although the position required good behavior, holding the position of a temporary judge was not actually “holding office” and therefore there was no statutory or constitutional violation.  However, in coming to its decision, the committee believes the supreme court misconstrued legislative intent and the New Hampshire Constitution to conclude that the legislature condoned this practice and the constitution allowed it.  In its decision supporting this practice, the supreme court stated, “Permitting retired justices to serve in temporary assignments after the age of seventy substantially increases judicial manpower by making available a greater number of experienced justices.  Of course, if the legislature disagrees with our conclusions concerning RSA 490:3, it has the sole authority to amend the statute.”  Although the committee agrees that permitting retired justices over the age of 70 to serve may provide a solution, the committee disagrees that this practice is constitutional.  The proper solution to the problem is a constitutional amendment which would almost certainly be endorsed by the committee.  Vote 11-3.

HB 529-FN, relative to real property on which methamphetamine has been produced.  INEXPEDIENT TO LEGISLATE.

Rep. Gary W Wheaton for Judiciary:  This bill would have given the department of environmental services (DES) the power to notify property owners that a methamphetamine drug bust has occurred on their property, and then require the owner to pay for commercial/government approved cleaning services to remediate their properties.  The majority of the committee felt this bill would give the DES more powers over property owners than necessary.  None of the witnesses testifying before the committee could point out any situations where this has ever caused any adverse health problems to individuals in the past.  Vote 14-0.

HB 551, relative to religious societies.  INEXPEDIENT TO LEGISLATE.

Rep. Brian JX Murphy for Judiciary:  This bill seeks to update antiquated statues regarding religious societies.  The committee acknowledged that certain aspects of the statute at issue were likely outdated.  However, the committee concluded that statutes are best changed in response to a specific problem or a specific petitioner.  In this case, there were no representatives from religious societies advocating for the proposed updates.  Without this context, the committee was not in favor of deleting and/or repealing certain aspects of the statute while leaving other sections unchanged.  Vote 13-2.

LEGISLATIVE ADMINISTRATION

HB 135, relative to state employee reimbursement for use of a personal vehicle.  INEXPEDIENT TO LEGISLATE.

Rep. David H Kidder for Legislative Administration:  This bill seemed to be overkill to the committee, in light of several bills passed over the last several sessions, and the response of the administrator of fixed and mobile assets in the department of administrative services.  The department is evolving and doing a much better job on efficient fleet utilization.  It now has one person dedicated to data collection which is used at the monthly meeting of the vehicle utilization committee.  Personal mileage and fleet issues are discussed at those meetings.    Vote 12-0.

HB 159, relative to review of proposed administrative rules by legislative committees.  INEXPEDIENT TO LEGISLATE.

Rep. William B Tobin for Legislative Administration:  The committee found that a very similar bill was being considered on the same subject and had very similar verbiage, therefore, this bill was redundant.    Vote 12-0.

HB 160, requiring decisions and actions of the joint committee on legislative facilities to be ratified by the legislature.  OUGHT TO PASS WITH AMENDMENT.

Rep. Marilinda J Garcia for Legislative Administration:  This bill as amended would change one word in RSA 17-E:5-a, pursuant to the decisions and actions of the joint committee on legislative facilities.  The word “use” is changed to “operation,” thus allowing for specificity in application of decision making authority about state buildings.    Vote 12-0.

HB 350-FN, updating laws relative to the fiscal committee of the general court.  OUGHT TO PASS WITH AMENDMENT.

Rep. Marilinda J Garcia for Legislative Administration:  This bill as amended is a housekeeping measure that updates laws relative to the fiscal committee of the General Court.  It streamlines laws between the house and senate.  Vote 12-0.

MUNICIPAL AND COUNTY GOVERNMENT

HB 530-FN, relative to state regulation of the septic system installation process.  INEXPEDIENT TO LEGISLATE.

Rep. James E Coffey for Municipal and County Government:  This bill transfers the authority to approve septic system design and installation for subsurface sewerage disposal systems, with a capacity of up to 20,000 gallons per day, from the department of environmental services (DES) subsurface systems bureau to the local municipality.  This bill mandates that each municipality appoints a local plumbing inspector to perform all functions currently handled by DES.  After hearing testimony from the bill’s sponsors, installers, designers and representatives of local government the committee voted 14-0 to recommend that the bill was Inexpedient to Legislate.  The committee concluded that DES provides a high quality professional service with consistent uniformity throughout the state.  The committee felt that this high quality would be seriously compromised, or lost, if it was spread out over more than 20 jurisdictions, most of whom do not want to perform this work.  Local towns would need to expend funds to require a back up inspector.  Not a single municipality expressed an interest in doing this work.  The reduction in the DES workforce would incur a one time charge of about $348,000, but there would be little or no future savings for DES since this function is paid for by fees.  Based on testimony from DES the state could suffer a reduction of over $1,000,000 in federal grants should this bill pass.  If HB 530-FN were to pass it would endanger our groundwater quality, create an environment that might foster inappropriate and inconsistent behavior at the local level, and place an unfunded mandate on our cities and towns, while eliminating one of DES’s most effective programs.  Vote 14-0.

HB 550-L, relative to the payment of bills by municipalities.  INEXPEDIENT TO LEGISLATE.

Rep. Betsey L Patten for Municipal and County Government:  The town treasurer has duties described in RSA 41:29.  The bill would have authorized the treasurer to designate another town official or employee to pay accounts and claims prior to the approval of the governing body.  The committee strongly disagreed with having another person responsible for paying bills.  An amendment was presented that would have changed RSA 41:9 which details the financial duties of the selectmen.  This amendment gave the town administrator or administrative assistant the authority to pay accounts and claims.  The committee again strongly disagreed with this change.  Vote 14-0.

PUBLIC WORKS AND HIGHWAYS

HB 139, establishing a committee to study merging the New Hampshire turnpike system and the state highway system.  INEXPEDIENT TO LEGISLATE.

Rep. David B Campbell for Public Works and Highways:  The basic premise of this bill proposes to form a committee to study removing the toll plazas on the 89 miles of NH’s turnpike system, and replacing them with “the road toll (gas tax) or other sources of revenue or both.”  The NH turnpike system is currently solvent, and its roads and bridges are in generally very good condition.  The reason for this is that toll plaza revenue pays off the turnpike bonds.  In order to eliminate the tolls it would necessitate paying off the existing bond holders at a cost of about a 14 cent increase in the road toll (gas tax).  This increase does not address the projected $1.2 billion cumulative 10-year deficit in the highway fund (and its 4,300 miles of road and 2,100 bridges), nor the $250-300 million underfunding of the I-93 widening.  The committee felt that the premise is unreasonable and that a study committee was not necessary.  Vote 15-1.

HB 323, establishing a commission to study and promote the long-term growth and efficient use of existing state highway rights-of-way.  INEXPEDIENT TO LEGISLATE.

Rep. Carl W Seidel for Public Works and Highways: There is no current need that the department of transportation (DOT) cannot handle adequately and the current financial situation will not allow us to implement most proposed changes.  Vote 16-0.

HB 471-FN, relative to the discontinuance of certain tolls and authorizing the department of transportation to establish a toll plaza between exits 1 and 2 on the F.E. Everett turnpike.  INEXPEDIENT TO LEGISLATE.

Rep. David B Campbell for Public Works and Highways:  This bill proposes to discontinue toll plazas on the F.E. Everett Turnpike in Merrimack and Bedford, including the mainline toll in Bedford and relocating it between Exits 1 and 2 in Nashua.  The committee heard extensive testimony that this toll relocation would cause tremendous traffic diversion onto the already overcrowded Daniel Webster Highway.  It was also felt that “tolling” the Massachusetts border would give the wrong message to tourists, and out-of-state business and industry, and would have an unfair impact on NH commuters.  The possibility of Massachusetts retaliating by putting a toll on its side of the border was also raised.  Vote 16-0.

HB 472-FN, relative to a certain E-Z Pass discount for Nashua toll plazas.  INEXPEDIENT TO LEGISLATE.

Rep. Carl W Seidel for Public Works and Highways:  There is no need for this bill since the committee does not recommend placing toll booths between Exits 1 and 2 in Nashua (HB 471-FN).  Vote 16-0.

HB 497-FN-L, relative to the placement of crosswalks and a stop sign in the town of Rye.  INEXPEDIENT TO LEGISLATE.

Rep. Franklin T Tilton for Public Works and Highways:  There is no need for this bill in that the items requested are within the existing authority of the department of transportation.  The department will contact town officials and address the town’s concerns at the particular intersection in the safest manner possible.    Vote 16-0.

STATE FEDERAL RELATIONS AND VETERANS AFFAIRS

HCR 20, urging Congress to expedite the return of the Coast Guard Cutter USCGC Storis to the state of Alaska to become Alaska's first maritime museum.  INEXPEDIENT TO LEGISLATE.

Rep. Daniel J Tamburello for State-Federal Relations and Veterans Affairs:  This HCR is unneeded and is outside the purview and jurisdiction of the state of New Hampshire.  It has noble intent but it is not within the powers or responsibilities of New Hampshire to interfere with the movement or possessions of other states.  Additionally, neither the relevant historical societies(s) and museum(s), nor the state of Alaska authorities have been notified of this effort to have it coordinated.  Vote 12-0.

HCR 21, urging the US Army Corps of Engineers to donate a portion of the wreckage of the USS Chickasaw, which served in the Civil War, to the state of New Hampshire.  INEXPEDIENT TO LEGISLATE.

Rep. Lucien A Vita for State-Federal Relations and Veterans Affairs:  Although of historical interest, the value of the wreckage of the USS Chickasaw to New Hampshire has not been established nor has the cost to New Hampshire for the preparation and transportation of the wreckage to New Hampshire been provided.  No testimony was provided regarding the value to New Hampshire museums and/or historical societies.  Vote 12-0.

HCR 24, urging the New Hampshire congressional delegation to sponsor legislation implementing policy recommendations of the Congressional Budget Office.  INEXPEDIENT TO LEGISLATE.

Rep. Robert L Theberge for State-Federal Relations and Veterans Affairs: The prime sponsor requested that the legislation be withdrawn.  Out of respect for the sponsor the committee was unanimous in its decision.  Vote 13-0.

HR 10, urging the United States Congress to remove tax breaks for companies that send jobs out of the country.  INEXPEDIENT TO LEGISLATE.

Rep. Steven L Cunningham for State-Federal Relations and Veterans Affairs: The committee strongly concurs with the sentiment of this resolution.  We also recognize that New Hampshire’s national delegation is fully aware of this issue and supports policies to resolve the problem.  To avoid unnecessary work and expense and to avoid distracting our national delegation, the committee recommends ITL.  Vote 12-0.