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.
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