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.
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