HOUSE RECORD
Second Year of the 162nd General Court
Calendar and Journal of the 2012 Session
Vol. 34 Concord, N.H. Friday, February 10, 2012 No. 11
Contains: Reports and Amendments for February 15, Legislative Ethics Advisory Opinion 2012-1, House Bills Amended by the Senate, Hearings, Meetings and Notices.
HOUSE CALENDAR
MEMBERS OF THE HOUSE:
The House will meet in Session on Wednesday, February 15, 2012 at 10:00 a.m.
I want to thank all of those who participated in this week’s session debates, as well as those who did not. We were able to get through quite a few bills quickly. We did this by having directed and informative debates that, for the most part, were conducted by those most knowledgeable on the bills as they went through their committees. We have many bills coming out of committees over the next several weeks, but continuing with this judicious use of our session days will allow us to avoid overly long sessions that unduly tax our patience and ability to be attentive.
In an attempt to keep spending down, House Calendars are no longer being mailed. Printed copies will continue to be available at the State House. If you cannot access the Calendar via the website or do not have an email account, please notify the Clerk’s office immediately. All members who have internet access are requested to hold down costs by accessing the Calendar online.
Chairmen of legislative committees and subcommittees have been requested as much as possible to limit their work to Tuesdays, Wednesdays and Thursdays of each week in order to reduce expenditures for mileage reimbursement.
You are reminded that material is not to be placed in members’ mailboxes in the anteroom behind the Chamber unless and until it has been approved for such distribution by the House Chief of Staff.
Chairmen and Vice-Chairmen will meet Tuesday, February 14th at 9:00 a.m. in LOB 305-307.
William L. O’Brien, Speaker
NOTICE
There will be a Republican Caucus on Wednesday, February 15 at 9:30 a.m. in Representatives Hall.
D.J. Bettencourt, Majority Leader
NOTICE
There will be a Democratic Caucus on Wednesday, February 15 at 9:00 a.m. in Rooms 305-307, LOB.
Terie Norelli, Democratic Leader
NOTICE
The House Calendar closes at 3:00 p.m. on Wednesdays for scheduling and notices. It closes at NOON on Thursdays for Committee Reports. Please be sure to do your scheduling in order to meet that deadline.
CLOSES NOON THURSDAY: AVAILABLE FRIDAY:
February 16 February 17
Karen O. Wadsworth, Clerk of the House
HOUSE DEADLINES FOR 2012 SESSION
Thursday, February 16, 2012 Last day to act on HBs going to a second committee.
Thursday, February 23, 2012 Last day to report HBs not in a second committee.
Thursday, March 22, 2012 Last day to report all remaining House bills.
Thursday, March 29, 2012 Last day to act on House bills. CROSSOVER.
WEDNESDAY, FEBRUARY 15
CONSENT CALENDAR
CHILDREN AND FAMILY LAW
HB 1465, relative to criminal records of juvenile offenders. INEXPEDIENT TO LEGISLATE.
Rep. Anne C. Grassie for Children and Family Law: This bill provides that any person shall have access to juvenile case and court records from proceedings where a juvenile was found to have committed a violent crime or sexual offense. The sponsor did not appear and the testimony was uniformly opposed to the bill. The ostensible intent was to protect the public, but the result of such law could well be just the opposite. New Hampshire already has provision in law that minors who have committed felonies may be certified to stand trial as adults, with attendant public scrutiny. Laws which took effect in 1995-1996 made voluminous juvenile records available to victims of crime. This bill presumes all juvenile perpetrators of serious crime are irretrievably depraved. This notion is not supported by the evidence. For instance, Texas, noted for being tough on crime and death row executions, has developed a model treatment program specifically for serious violent juvenile offenders and a program for sex offenders. For the violent offender program, recidivism within a year is now 3%, and sex offender program is 2%. This bill would isolate and ostracize and further alienate juvenile offenders when appropriate consequences and constructive engagement are warranted so as not to create an individual who is lost for a lifetime. The public access to records would further victimize victims and make victims out of innocent parties who may be family members discussed in medical, police or psychological records. It allows for an unwarranted intrusion by an often merciless media. The bill would be indiscriminately punitive of guilty and innocent alike, to no good end. Vote 11-0.
HB 1567, establishing a committee to study the federal Youth Corrections Act. OUGHT TO PASS.
Rep. Jane B. Johnson for Children and Family Law: The substance of this bill was recommended by a legislative committee appointed in 2010 to study the education and career opportunities for youth and young adults, 17-21 years of age in the juvenile and adult criminal justice systems. The rationale for the recommendation was to identify practices and programs in the juvenile and adult criminal justice systems that reduce recidivism. In New Hampshire, according to a report of recidivism, male offenders between the ages of 17 and 19 at the time of their release had the highest rate of recidivism at 83.3%. Offenders with the highest rate of recidivism were inmates convicted of property crime. New Hampshire’s recidivism rate in the adult corrections system currently is a little less than 50% and very costly. Studies show that education provided in the prison can reduce the rate of recidivism by 30%. To re-acclimate to life on the outside, an education and discernible skills are the surest ways to avoid a cycle of poverty and crime. Adding to the reasons for studying the Youth Corrections Act is the developing field of research on the adolescent brain and economic studies that show that the return on investment (ROI) is $3.00 for every $1.00 invested. Keeping 17-21 year old inmates in a setting other than the state corrections facility (prison) saves money in the long term by decreasing re-offending and increasing the possibility that youth offenders can become productive members of society. This study bill will help determine the relevance of the Federal Youth Corrections Act as a possible template for New Hampshire policy. Vote 12-0.
COMMERCE AND CONSUMER AFFAIRS
HB 1319, limiting credit card interchange fees charged to merchants. INEXPEDIENT TO LEGISLATE.
Rep. Chris F Nevins for Commerce and Consumer Affairs: While the committee sympathizes with the intent of this bill to reduce credit interchange fees, we do not believe that enacting price controls on New Hampshire businesses would be helpful to encourage commerce in New Hampshire. The current “four party” system of customer, merchant, customer’s bank (the issuer) and the merchant’s bank (an acquirer) works well for all parties. The interchange fee is the charge to the merchant for the transition between the acquirer and the issuer. A substantial benefit goes to the merchant from the issuer (customer’s bank) to the acquirer or (merchants bank) in the form of funding the transaction covering credit losses, billing and collections, customer service, fraud prevention and losses, data processing and regulatory compliance. Merchants are able to increase sales from accessing the vast purchasing power of millions of card holders around the globe. The biggest benefit to merchants is to allow them to sell on credit without taking a credit risk because that risk is assumed by the customer’s bank. The committee feels this system works well and is a benefit to both customers and merchants in New Hampshire. Vote 13-0.
HB 1406, relative to goods in intrastate commerce. INEXPEDIENT TO LEGISLATE.
Rep. Sean M McGuinness for Commerce and Consumer Affairs: This bill seeks to exempt certain products produced, manufactured and retained within the boundaries of the state of New Hampshire from federal regulation under the US Constitution’s commerce clause. The House has already sent HB 324, relative to lawful commerce in goods and services sold, made, and retained in the state of New Hampshire to Interim Study. Also HB 1406 was scheduled to be sent to a second committee. The committee is committed to working on the issue and will have a recommendation for next year. Vote 11-1.
HB 1445, requiring refunds for returns of merchandise. INEXPEDIENT TO LEGISLATE.
Rep. Donna C Mauro for Commerce and Consumer Affairs: This bill requires proprietors of retail establishments to give refunds in the form of cash or credit for returned merchandise under certain circumstances. The bill sponsor further amended the bill by replacing the original bill with requiring retail proprietors to conspicuously display their refund and return of merchandise policies. The committee felt that while these policies are a good idea and are already done by the larger retailers, it would place an undue burden on smaller businesses. Vote 13-0.
CONSTITUTIONAL REVIEW AND STATUTORY RECODIFICATION
HB 1343, prohibiting employees of parties and political committees from running for state office. INEXPEDIENT TO LEGISLATE.
Rep. Andrew R Schmidt for Constitutional Review and Statutory Recodification: Part I, Article II of the Constitution of New Hampshire states that “Every inhabitant of the state having the proper qualifications, has an equal right to be elected to office.” Our NH constitution provides for broad and inclusive representation. Free, fair and full debate and representation of diverse views is essential to the political process. Our process is by its very nature political. Therefore, to deny anyone on the basis of political agenda or type of employment is unconstitutional. Vote 12-0.
HB 1344, prohibiting public employees from being candidates for certain offices. INEXPEDIENT TO LEGISLATE.
Rep. Andrew R Schmidt for Constitutional Review and Statutory Recodification: Part I, Article II of the Constitution of New Hampshire states that “Every inhabitant of the state having the proper qualifications, has an equal right to be elected to office.” Part II article 9 of the Constitution guarantees that we will have a House of Representative founded in principles of equality and representation therein “shall be as equal as circumstances will admit.” The goal of our constitution is to have as broad a representation as possible. To deny rights of public employees, a large group of citizens with this basic tenet of our constitution is wrong. Furthermore concerns about potential conflicts of interest are more appropriately addressed by disclosure and ethics rules. Consequently the committee voted unanimously to ITL. Vote 12-0.
HB 1533, prohibiting bullying in the state house and legislative office building. INEXPEDIENT TO LEGISLATE.
Rep. John W Cebrowski for Constitutional Review and Statutory Recodification: The Constitution of New Hampshire, Part 2, Articles 22, 35 and 37 provides for the House and Senate to govern their own proceedings independently. To put into statute a process that would potentially subordinate their governance, especially a future legislature which might not concur with that subordination, to another branch of government or a body including members not of either body or each other is contrary to that principle. The nature of this institution is one of passion for positions, firmly held principles, partisan politics, and disagreement. All this requires the highest level of civility, judgment, respect, sensitivity, good communications, and decorum. And those attributes need to run both ways, particularly at times of conflict. Expected cooperation with party platforms and principles is a fact of legislative life. But holding to your conscience is also a fact of legislative life. Whipping is a fact of legislative life, whether it be simple polling or verbal arm-twisting. Disappointment is another fact of legislative life. The “kitchen” can sometimes get hot. Fortunately, we have multiple means, multiple channels or outlets, for venting our frustrations when we feel wronged or misunderstood. They include testifying, debating, making our case to various committee chairs and co-chairs, majority and minority leadership team members, the Speaker, house rules, the redress of grievances committee, and multiple other resources. We have no lack of processes, people, and tools to air our passions and frustrations. Vote 13-2.
HB 1537-FN, prohibiting the use of certain devices that intrude on personal privacy. OUGHT TO PASS WITH AMENDMENT.
Rep. Christopher W Serlin for Constitutional Review and Statutory Recodification: The committee was concerned that though the bill was constitutionally necessary the original language of HB 1537 might be too broad, and create unintended consequences. After some discussion and with the support of the bill’s sponsor, the committee updated an existing RSA: 644:9(c), with language that would wrap existing policy law around the new duties (and capabilities) which triggered the sponsor’s original concern. We believe the language is simple, uncomplicated and recognize that a second committee will have the opportunity to execute these minor changes. Vote 10-0.
HB 1541, repealing the authority of officials to enter and examine the premises of an automotive recycling dealer. REFER FOR INTERIM STUDY.
Rep. Seth Cohn for Constitutional Review and Statutory Recodification: The committee felt that the constitutional issue, under the current statute, allowing unwarranted searches of a particular class of business, was potentially balanced by the need of protecting the general public from potential environmental or criminal activities. While we did not hear of particular incidents of abuse, the prime sponsor did not bring his concerns forward in a timely manner. Given the clear wording of the Part I, Article 19 of the New Hampshire Constitution, the majority of the committee felt that more time was needed to study this issue, and perhaps work together with all interested parties toward a recommended change rather than striking the entire statute. Vote 11-2.
HB 1542, relative to interference with state constitutional rights. REFER FOR INTERIM STUDY.
Rep. John W Cebrowski for Constitutional Review and Statutory Recodification: This bill was intended to create a cause of action and a remedy for intentional interference with state constitutional rights. The bill sought to enable citizens to seek injunctive relief or maintain a civil action, or both, to recover damages for intentional violations of the state constitution‘s bill of rights by any government entity and its agents. The committee felt that there would be merit associated with sending the bill for further study to a committee composed of members of both Constitutional Review and Redress of Grievances, potentially resulting in a bill of greater worthiness. Vote 11-0.
HB 1623, relative to conflicts of interest of a member of the general court. OUGHT TO PASS WITH AMENDMENT.
Rep. Seth Cohn for Constitutional Review and Statutory Recodification: The issue of how to determine if a member is in conflict of interest, and if they should recuse themselves, is a complex one. The committee felt that while there were many sides to this discussion, no clear solution presents itself yet. We did all agree that if sunshine is the best disinfectant, then making disclosures easier to find, both for members and general public, would only help. The bill, as amended, would require the legislative ethics committee to post the disclosure forms, which are already public information, on its website, to avoid individuals having to disturb the clerks or secretary of state’s office. Vote 10-0.
CRIMINAL JUSTICE AND PUBLIC SAFETY
HB 1158, relative to the authority of the superintendent of a county correctional facility. REFER FOR INTERIM STUDY.
Rep. David A Welch for Criminal Justice and Public Safety: This bill grants authority to a corrections superintendent to release an inmate to a work release or community service program either with a court order or without. If the inmate absconds or commits a new crime there is no immunity for the superintendent who released the inmate. The committee believes that the intention of the sponsors is worthwhile, but it needs to afford protection for the superintendent. Therefore, we voted to study the process. Vote 12-1.
HB 1184, relative to the use of videotape evidence of criminal activity. OUGHT TO PASS WITH AMENDMENT.
Rep. Stephen J Shurtleff for Criminal Justice and Public Safety: The sponsor of this bill brought to the committee’s attention the fact that law enforcement officers, in at least one community, were issuing summons or making arrests for “willful concealment” based solely on viewing a videotape of the offense. The committee’s amendment corrects this problem by allowing a law enforcement officer to issue a summons or take a person into custody for “willful concealment” based on the merchants witnessing the offense or recovering the unlawfully obtained goods or merchandise from the person. Vote 12-0.
HB 1275, relative to the common law rule of lenity. INEXPEDIENT TO LEGISLATE.
Rep. Philip E Ginsburg for Criminal Justice and Public Safety: The majority believes this bill is poorly drafted and internally inconsistent, and further that it is unnecessary, as the “plain meaning” rule and legislative history are already available as means to resolve any ambiguity in the law. Vote 11-1.
HB 1331, relative to termination of employment for a sexual offense or an offense against a child. OUGHT TO PASS WITH AMENDMENT.
Rep. Phil J Greazzo for Criminal Justice and Public Safety The majority of the committee feels it is our moral obligation to protect children from those who would do them harm. We trust those charged with educating our children to be worthy of that trust. However, when that trust is broken with a crime against a child, they should be terminated and no longer allowed to be near our children. Vote 14-1.
HB 1452, prohibiting the establishment of sobriety checkpoints. INEXPEDIENT TO LEGISLATE.
Rep. Laura C Pantelakos for Criminal Justice and Public Safety: This bill would stop sobriety check points. The police have to go to court to get permission to hold a sobriety check. It is advertised in the newspaper. Even the sponsors agreed it was working. They felt that roving patrols would work better. Police departments do have roving patrols. The committee felt we needed both to keep drunken drivers off our roads. These sponsors felt it was an invasion of people rights. We heard very little from the public. Vote 12-1.
HB 1494-FN, relative to verification of immigration status of all persons arrested or detained by law enforcement officers. INEXPEDIENT TO LEGISLATE.
Rep. David A Welch for Criminal Justice and Public Safety: This bill would, if enacted, require law enforcement to verify the immigration status of all persons arrested or detained. Testimony revealed only 5 ICE officers are assigned to Enforcement Removal Operations. The present query through NCIC is based on border activity and would take 10-20 minutes before actual status is received. It not only would tie up officers for an extended amount of time, it would likely violate current Federal First Circuit Court of Appeals and New Hampshire and United States Supreme Court decisions prohibiting protracted detention of individuals at traffic stops without reasonable suspicion. This is not good public policy and will create tensions and mistrust between our minority community and our law enforcement officers. Vote 14-1.
HB 1611-FN, repealing certain provisions relative to the sale of pistols and revolvers. OUGHT TO PASS WITH AMENDMENT.
Rep. David A Welch for Criminal Justice and Public Safety: This bill repeals RSA 159:8 relative to the license to sell pistols and revolvers at retail, RSA 159:8-a sales to non-residents, RSA 159:8-b penalties for sales to non-residents and 159:10 sales without a license. The federal statutes govern all retail sales of pistols and revolvers and the RSA’s govern state licensing for retail sales. Currently the federal F.F.L. licenses are necessary to operate a business to sell at retail, pistols and revolvers. The state license is not necessary and in fact in some cities and towns not required, because it is not known. A similar bill was heard a few years ago. The amendment removes from the bill RSA 159:14 relative to exemptions for the sale of a pistol or revolver. This is the part of our statutes that allow the sale between two parties that know each other. RSA:14 will stay in effect. Vote 12-0.
HB 1667-FN, relative to the application of the juvenile laws to children up to the age of 18. INEXPEDIENT TO LEGISLATE.
Rep. Kyle J Tasker for Criminal Justice and Public Safety: This bill would raise the age of minority from 17 to 18. Currently there are about 60 youths at the Sununu center and barely enough staff to take care of them. This is not the time to increase the age. It remains that 17 year olds commit serious crimes and may not deserve to be tried as a juvenile. Statutes provide for certification as an adult but the current law is serving us well. Vote 12-2.
HB 1675-FN, relative to location tracking by electronic communications devices. REFER FOR INTERIM STUDY.
Rep. Stephen J Shurtleff for Criminal Justice and Public Safety: This bill would prohibit a person from gathering information from an electronic communications device without the express consent of the person using the device. The committee felt that the bill had merit. Because this is an early bill, the committee felt that more time was needed to work on an issue with complexity. Vote 11-4.
HB 1690-FN, prohibiting the use of cell phone data extraction devices by law enforcement agencies. REFER FOR INTERIM STUDY.
Rep. Dennis H Fields for Criminal Justice and Public Safety: The committee concluded that any legislation concerning cell phones and the transmission of data is too complex technologically to be dealt with at this time without further study. Vote 11-4.
HB 1694-FN, relative to driving under the influence of drugs. INEXPEDIENT TO LEGISLATE.
Rep. Laura C Pantelakos for Criminal Justice and Public Safety: This bill has similar language to HB 1699-FN. The definition of “controlled drug” was changed to read “drug” and was therefore vague. The committee decided to ITL this bill and pass the other which had a better definition of the term. Vote 12-0.
EDUCATION
HB 604, relative to the procedures for approval of plans, specifications, and costs of school building construction or renovation. OUGHT TO PASS WITH AMENDMENT.
Rep. Rick M Ladd for Education: In 2010, a moratorium was put on school building aid awards in an effort to provide an opportunity to establish needed policy for the review and approval of new and renovation construction, and most importantly, to slow down the long term growth in school building aid costs. There is growing statewide recognition that the state needs to adopt a procedure based upon an annual priority listing of new and renovation construction projects premised upon established criteria and conditions. This bill sets in place a system in which submitted applications for school building aid are rank ordered in accordance with criteria such as: unsafe conditions; obsolete, inefficient or unacceptable facilities or mechanical and building systems; overcrowding and associated influences to instructional areas and programming; enrollment projections and population shifts; and criteria to determine if a school district has made a reasonable attempt to accommodate maintenance and achieve the design life expectancy of building systems and components. Successful application will complete a rigorous review process involving the department of education, administrative appeal if necessary, the school building authority, and the state board of education. All rules necessary to implement this process shall be adopted pursuant to RSA 541-A. Available resources will determine the number of designated projects to be funded during any one funding cycle. In summary, this bill changes the new and renovation school building aid application and approval process by moving New Hampshire to a priority based model that enables the state to remain in sync with whatever resources are made available in a funding cycle. Vote 14-0.
HB 1461, requiring school officials to notify parents of a class or event involving an outside speaker and allowing parents to opt for their child not to participate in the class or event. OUGHT TO PASS WITH AMENDMENT.
Rep. Rick M Ladd for Education: This bill encourages the use of outside speakers in the school as an invaluable component in support of all studies. The bill further directs each school district to develop a policy to notify parents of a school-sponsored event or class that will include a speaker from outside the school who might be considered controversial. Vote 17-0.
HB 1571, relative to educational evaluation of home schooled children. OUGHT TO PASS WITH AMENDMENT.
Rep. Rick M Ladd for Education: This bill amends the home school educational evaluation procedures and annual test results shall only be retained by the parent. Home school parents need only to inform the school district once regarding the student being home schooled. Home schoolers desiring to participate in public school programs or co-curricular activities shall be subject to the same participation policy and eligibility conditions as apply to public school students. Vote 17-0.
HB 1575, relative to alternative course selections for certain pupils. INEXPEDIENT TO LEGISLATE.
Rep. Joseph A Pitre for Education: Although this bill has laudable goals, parental objection and withdrawal from a course creates a problem of where to place and monitor a child during the withdrawal from the class. This would cause an administrative conundrum. The cost of alternative course work at parental expense may cause financial hardship for some parents. HB 542 recently passed and already allows opt out of objectionable material in the classroom. Other alternative coursework such as extended learning opportunities, VLACS, Running Start, and E-start provides many alternative adequate opportunities and makes this bill unnecessary. Vote 16-1.
ELECTION LAW
HB 1136, relative to special state elections. OUGHT TO PASS WITH AMENDMENT.
Rep. Regina M Birdsell for Election Law: This bill changes scheduling requirements for certain special elections. This bill was developed to shorten the time frame for special elections. Special election periods have run as long as 180 days. The original bill shortened it to 34 days. The secretary of state felt the original bill shortened the time frame too much so the amendment was brought forth to lengthen the time to 124 days. Vote 13-0.
HB 1291, prohibiting compelled speech. INEXPEDIENT TO LEGISLATE.
Rep. John G Gimas for Election Law: This bill attempted to address the problem of compelled speech. The language of the bill did not adequately address the existing problems. Vote 14-0.
HB 1399, relative to state general election ballots. REFER FOR INTERIM STUDY.
Rep. John J Byrnes for Election Law: This bill would clarify that the names of candidates must be randomized to meet the constitutional imperative that each citizen qualified for office have an equal right to be elected. The secretary of state’s office expressed some concerns about ballot design and printing caused by the bill as written. The committee wants to meet the constitutional imperative but believes further study is needed to address the concerns expressed. Vote 12-1.
ENVIRONMENT AND AGRICULTURE
HB 1211, establishing a committee to study the promotion of lease of state-owned land for use for beginning farmers. OUGHT TO PASS WITH AMENDMENT.
Rep. Suzanne J Smith for Environment and Agriculture: Agriculture is a vital part of New Hampshire. Support for local foods and local farms is strong, and there are many young people in our state who wish to pursue farming as a career and a life choice. The committee heard testimony that acquiring land for farming is a huge obstacle for these young and beginner farmers. We want to offer them an opportunity to farm and raise their families in New Hampshire. A study conducted by the University of New Hampshire in 2010, found that New Hampshire’s local food system contributes 5.7 percent of the state’s $58 billion dollar economy. This report highlights the potential to increase the contribution of local agriculture production and food manufacturing to the gross state product by (GSP) 25 percent. This will not be possible if our farmers cannot afford land to farm. The state owns land that is well suited for agricultural use. The committee formed by HB 1211 will bring the stakeholders who manage these properties (DES and DRED) together with legislators, the NH farm bureau and the New Hampshire institute of agriculture and forestry to study how to best implement a leasing program that will benefit agriculture in New Hampshire, and strengthen the ties that keep our young and beginner farmers in New Hampshire. Vote 14-0.
HB 1234, establishing a department of environmental services oversight and grievance committee. REFER FOR INTERIM STUDY.
Rep. John T O'Connor for Environment and Agriculture: The committee currently has two bills for oversight of the department of environmental services (DES). We see merit in instituting an objective grievance, oversight and recodification study committee. Given the complexity of the department and associated councils, such as air resources, waste management, water and wetlands, the committee, with the agreement of the sponsor, decided that there is a need for more information. Thus the recommendation HB 1435 as the bill to be the oversight committee. Vote 14-0.
HB 1235, establishing a committee to study and propose a recodification of certain environment-related statutes. INEXPEDIENT TO LEGISLATE.
Rep. Stephen J Palmer for Environment and Agriculture: Portions of this bill HB 1235 will be incorporated in HB 1435 which is to establish a committee to oversee the department of environmental services. Vote 13-0.
HB 1241, relative to table wines. OUGHT TO PASS WITH AMENDMENT.
Rep. David L Babson for Environment and Agriculture: The committee heard testimony which stated that because of the alcohol content of mead (the fermentation of agricultural products) a new, viable N.H. industry is being crippled by unnecessary regulation. By allowing the Liquor Commission to approve the sale of mead containing up to 24% alcohol as long as the mead is produced in the same manner as wine, the change will assure the continued and rapid growth of this new N.H. industry. Vote 12-0.
HB 1402, relative to the sale of homemade food. OUGHT TO PASS WITH AMENDMENT.
Rep. Guy Comtois for Environment and Agriculture: This bill exempts a person who wishes to produce homestead food products such as jam, jellies, cookies, etc. from licensing up to $10,000 gross annual sale to sell from the home, farm stand or farmer’s market. Excluding potentially hazardous food, it also allows small micro farms to produce 20 gallons of raw milk or raw milk products such as aged cheese, yogurt, cream, butter and kefir, which is legal to sell per day at present. It does not do away with licensing. If a person wishes to license they can, but it does help micro farmers to start out without having to spend a considerable amount of money to comply. Vote 13-0.
HB 1435, establishing a committee to oversee the department of environmental services. OUGHT TO PASS WITH AMENDMENT.
Rep. Robert H Haefner for Environment and Agriculture: This bill creates a DES oversight committee. The committee will consist of 12 experienced legislators. It is made up of the Chair, Vice Chair and Ranking Minority Member of each of the three House committees that handle DES legislation and the same leadership from the Senate Committee that covers DES. This gives the committee the most experienced people, is bi-partisan and covers all areas of DES: wetlands, water, air and waste. The committee will further oversee the policy committees’ review of all 12 statutes for DES, once every six years. The DES Commissioner will participate at every meeting as a non voting member. A grievance process, although not part of this bill, will be studied for inclusion in a future bill addressing the Councils. Vote 13-0.
HB 1481, relative to effluent limitations with regard to nitrogen. REFER FOR INTERIM STUDY.
Rep. John T O'Connor for Environment and Agriculture: This bill is intended to reduce the nitrogen input into the Piscataqua Region Estuaries and is primarily directed at controlling the sale of lawn fertilizers. Previous reports from E.P.A., municipalities, and conservations organizations in partnership with UNH have shown that other sources are also major contributors, such as waste water treatment facilities, home septic system, storm water run off, and non-point sources. Currently the department of environmental services (DES) will be completing a study regarding the Great Bay estuaries and its information can aid in understanding the scope of the problem. Given the complexity of this issue it will allow the study committee to obtain more scientific data in making an informed decision. Vote 12-0.
HB 1650-FN, relative to commerce in food in New Hampshire. INEXPEDIENT TO LEGISLATE.
Rep. Kenneth W Sheffert for Environment and Agriculture: We had two food regulation bills and we decide to ITL this bill and work on HB 1402 with amendment. There was much more farmer support for HB 1402. Vote 13-0.
HB 1688-FN, relative to exempting maple syrup and milk products produced and sold in state from federal regulation. INEXPEDIENT TO LEGISLATE.
Rep. David L Babson for Environment and Agriculture: The committee felt that the lack of federal regulation of the maple industry and the fact that raw milk sales are mostly regulated by the state, this legislation was not necessary. Vote 12-0.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 1387, requiring United States flags purchased with state funds or displayed in state facilities to be manufactured in the United States. OUGHT TO PASS WITH AMENDMENT.
Rep. Kenneth Hawkins for Executive Departments and Administration: This bill would require that any U.S. flag purchased using state monies to be made in the U.S. The amendment adds any POW-MIA flags and state flags purchased to the same requirement. This would only apply to purchases going forward. The committee agreed with the sponsors that it makes sense to buy U.S.A.manufactured flags. Vote 9-0.
HB 1708-FN, relative to salaries of state employees. INEXPEDIENT TO LEGISLATE.
Rep. Kenneth Hawkins for Executive Departments and Administration: This bill would have reduced the salaries of a number of unclassified employees, UNH positions, and community college positions to what the governor makes. Currently the joint committee on employee classification in conjunction with the Hay Group approves the salary grade of positions which are then vetted in the Senate & House before ED&A Committees and then voted on by the members. Vote 13-0.
FINANCE
HB 625-FN-A, relative to New Hampshire correctional industries. REFER FOR INTERIM STUDY.
Rep. William S Belvin for Finance: This bill passed the House and came to Finance as a second committee. The bill's policy is to strengthen correctional industries, also known as GraniteCor, as a way to enhance inmates' skills, with the ultimate objective of reduced recidivism and cost. The policy objective is laudable, but Finance found that the bill in its current form raises serious financial questions. There is no complete fiscal note, so its costs are unknown; it forgives a negative corrections' inventory balance of $2.8 million dollars; it asks for a line-of-credit based on the full faith and credit of the state of NH; it establishes a non-lapsing fund with no procedure for its operation; and it exempts GraniteCor from competitive bidding, the state procurement process and binds various state agencies to buy its products without recourse. A good faith Interim Study should allow GraniteCor and state agencies to achieve agreement and resolve differences, and to put GraniteCor on a sustainable future path in the coming biennium. Vote 22-0.
HB 653-FN, requiring general fund budget reductions to reimburse Medicaid. INEXPEDIENT TO LEGISLATE.
Rep. Thomas E Keane for Finance: HB 653 was filed as a place holder to deal with a possible adverse decision from the federal government regarding $35 million dollars in contested Medicaid payments to the NH department of health and human services. Since the submission of HB 653 there have been additional successful law suits against HHS. The motion to ITL was made in recognition that there is another more suitable bill to deal with a number of the fiscal challenges facing HHS. Vote 24-0.
HB 1669-FN-A-L, requiring the deposit of dedicated fund revenues into the general fund for the 2014 and 2015 fiscal years and requiring non-constitutionally established dedicated funds to be eliminated on June 30, 2015 unless reinstated by the legislature. REFER FOR INTERIM STUDY.
Rep. Kenneth L Weyler for Finance: On its surface this is a simple bill. However, with 300 dedicated funds, the problem is far more complex. The highway fund is established in the constitution, but the 26 separate funds in fish and game are not. Each of those 26 has a specific purpose. Some dedicated funds support a license. A plumber's license funds inspectors who assure that plumbing is done by code, and by licensed plumbers. If the license fee does not go to such inspections, but to the general fund, then does that license charge become a tax? Some of the funds are kept by the state treasurer, but no general funds go into them. The Winnipesaukee River Basin program has funds from ten participating towns to maintain water treatment plants. There is enough misunderstanding about these dedicated funds that the committee wants more member involvement. Here is how we plan to proceed. We will retain the bill. We will notify each policy committee of the dedicated funds held by the department or departments, in their purview. We will provide questions as to the effectiveness of each fund in that department's functions, and these replies will allow the committee to prepare for the next biennial budget, which is when the bill was to take effect. Vote 21-0.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
HB 1441, removing the requirement for the reporting of incidents by emergency medical services providers and units. INEXPEDIENT TO LEGISLATE.
Rep. Stephen J Schmidt for Health, Human Services and Elderly Affairs: The committee determined that the system of reporting “Emergency Medical Services Incidents” by either electronic or paper format was not efficient nor in the best interests of patients and medical providers. In addition, there is a federal mandate that all medical records be in electronic format by 2014. Vote 16-0.
JUDICIARY
CACR 30, relating to limitations on impeachment judgment. Providing that judgment may include forfeiture of pension and retirement benefits. INEXPEDIENT TO LEGISLATE.
Rep. J. Brandon Giuda for Judiciary: This bill proposed amending Article 39 of the second part of the New Hampshire Constitution to expand the powers of the Senate during impeachment to allow forfeiture of any pension or retirement benefits of the person being impeached. Although the committee recognizes the angst in a portion of the population regarding the Judiciary’s seeming inaction with regard to some judges who are performing poorly, the committee also believed that this proposal was unconstitutional as it applied to taking property that had already transferred to the person being impeached. The committee also felt that other options were available that would better address this problem. Vote 17-0.
CACR 32, relating to judicial conduct. Providing that the people of New Hampshire, in a manner established by law, shall be responsible for investigating and evaluating the conduct of members of the judiciary. INEXPEDIENT TO LEGISLATE.
Rep. J. Brandon Giuda for Judiciary: This bill proposed a broad constitutional amendment that would allow the people of New Hampshire to investigate and evaluate the behavior of members of the Judiciary and to impose sanctions, including fines, as necessary. Although the committee recognizes the angst in a portion of the population regarding the Judiciary’s seeming inaction with regard to some judges who are performing poorly, the committee thought that this proposal was much too broad and also felt that other options were available that would better address this problem. Vote 16-1.
HB 1394, relative to appeals of eminent domain decisions. OUGHT TO PASS WITH AMENDMENT.
Rep. J. Brandon Giuda for Judiciary: The current public utility eminent domain law makes no provision for a property owner who wishes to challenge the constitutionality of an eminent domain taking. Instead, a property owner who disagrees with the decision of the Public Utilities Commission regarding the constitutionality of the taking may only appeal the decision to the superior court using RSA 541-A. However, an appeal under RSA 541-A is not a level playing field, as in such an appeal the superior court considers the PUC’s findings as prima facie lawful and reasonable, and may only overturn the PUC’s decision if it finds the PUC’s decision was “clearly unreasonable or unlawful”. HB 1394 as submitted provided an avenue for an owner to appeal the constitutionality of the taking after the taking occurred. The committee amendment improves the submitted bill by allowing an owner to challenge the constitutionality of a taking in superior court early in the process before the taking occurs, and also provides for a level playing field by eliminating the presumptions associated with RSA 541-A. Vote 17-0.
HB 1464, establishing non-unanimous juries. INEXPEDIENT TO LEGISLATE.
Rep. Gary S. Hopper for Judiciary: A unanimous jury has protected the liberty of the people of New Hampshire and is a hallmark of our constitutional protections. The committee believes we should tread lightly when it comes to changing the jury trial system. Vote 16-0.
HB 1597, relative to taking by eminent domain for certain purposes. OUGHT TO PASS WITH AMENDMENT.
Rep. J. Brandon Giuda for Judiciary: Currently, property owners who have a portion of their property taken by eminent domain have only two options: (1) get compensated for the portion of the property taken and keep the remaining portion, or (2) choosing to require the utility to take the entire property. However, those property owners who choose to keep the remaining portion receive no compensation for the decrease in value to that portion. The submitted bill expands the compensation to include any decrease in value caused by a view impact on the remaining portion. However, the committee acknowledged that any decrease in value is a taking (whether due to a ruined view or other factors), and therefore the ability of an owner to receive compensation should not be limited to devaluation caused by a view impact. As such, the committee amendment improves the submitted bill by expanding the compensation to include all devaluation to the remaining property. Vote 17-0.
HB 1657-FN, relative to petitions for guardianship filed by parents of adult children with disabilities. INEXPEDIENT TO LEGISLATE.
Rep. Lucy M Weber for Judiciary: This bill would require the court to waive the filing fee for a parent who files to become the guardian of an adult disabled child. The argument in favor of the bill is that the parent already has a heavy burden in caring for a disabled child, and they should not have to bear the burden of court filing fees as well. Committee members were sympathetic to the difficulties of caring for a disabled child and negotiating the court guardianship process. However, the majority is concerned that a blanket waiver of fees in these cases will lead to blanket waiver requests in other situations which may be equally deserving. In cases of need, there is already a procedure in place for the waiver of court fees, and the committee heard testimony that fees are already waived in approximately 25% of these cases. Vote 15-2.
LEGISLATIVE ADMINISTRATION
CACR 20, Relating to meetings of the general court. Providing that the general court shall meet biennially. INEXPEDIENT TO LEGISLATE.
Rep. David H Kidder for Legislative Administration: The committee felt that this would create transitional confusion. The committee felt a bill that would more carefully define the work of the 2nd year of a session would be more appropriate. Vote 12-0.
CACR 23, relating to members of the general court. Providing that members of the general court may not vote on or deliberate on matters in which they have a pecuniary interest. INEXPEDIENT TO LEGISLATE.
Rep. Paul Mirski for Legislative Administration: The constitution already provides that paid advocates shall forfeit their seat so CACR 23 was deemed to be unnecessary. Also, the committee dealt with violations of paid advocacy by political organizations and parties in other legislation. Vote 13-0.
HB 1213-L, relative to parking for legislators on official business. INEXPEDIENT TO LEGISLATE.
Rep. Gladys Johnsen for Legislative Administration: The chief of security would like the House to not create conflict with the city of Concord. The chief of security and the city of Concord have worked well together. Vote 13-0.
HB 1350, relative to the style and form of new articles and amendments to articles proposed by constitutional amendment concurrent resolutions. OUGHT TO PASS.
Rep. Timothy P Comerford for Legislative Administration: This bill requires the style and form of new articles and amendments to articles proposed by constitutional amendment concurrent resolutions to conform to the style and form of the New Hampshire Constitution when it originally took effect on June 2, 1784. The bill seems to preserve the meaning of original capitalization and style of words. Vote 11-1.
MUNICIPAL AND COUNTY GOVERNMENT
HB 1176, relative to the amendment of warrant articles at official ballot town meetings. INEXPEDIENT TO LEGISLATE.
Rep. James P Belanger for Municipal and County Government: This bill wants to prohibit the voters attending a deliberative session in an official ballot referendum (SB2) form of town/school meeting from making amendments to a petitioned warrant article. Current law (RSA 39:3 & RSA 197:6) already specifies that petitioned articles must be placed on the warrant as submitted with only minor textual changes. However, when the deliberative session addresses petitioned articles, they are treated the same as all other articles placed on the warrant no matter the method used to put them on the warrant. This is current practice in both official ballot (SB2) and traditional annual meetings. If this proposal were put into law, voters at the deliberative session would have no say on the issue and would be forced to simply pass the article on to the official ballot for an up or down vote on election day. Carried to the extreme, a school board or board of selectmen could submit their budget in a petitioned article and the deliberative meeting could not amend it. Voters' rights would be infringed upon and voters would then have no reason to attend the deliberative session. Vote 17-0.
HB 1289, relative to agreements between government units. INEXPEDIENT TO LEGISLATE.
Rep. Philip L Munck for Municipal and County Government: The sponsor requests that this bill proceed no further. There is no demonstrated need to allow the state to be a party to RSA 53-A intermunicipal agreements. Vote 17-0.
HB 1292, requiring a 2/3 majority for borrowing by official ballot towns and school districts. INEXPEDIENT TO LEGISLATE.
Rep. Priscilla P Lockwood for Municipal and County Government: Official ballot municipalities have had a requirement for a 3/5 majority vote for bonds for years with the argument that because many more citizens are voting, the 3/5 requirement is more appropriate. The committee saw no reason to change this. Senate Bill 238 is now under consideration to form a committee to study all the ramifications of the official ballot laws. Vote 17-0.
HB 1349-L, relative to the service of town health officers. OUGHT TO PASS WITH AMENDMENT.
Rep. James E Coffey for Municipal and County Government: This bill is a very simple and effective way of allowing municipalities to share health officers for up to thirty days, with approval of the governing body of the receiving town. This would allow for quick assistance in emergencies, especially when specific skills are needed that might help one health officer support another. It is a creative form of short term mutual aid between municipalities for health officers. Vote 17-0.
HB 1357, relative to the membership of mosquito control districts. OUGHT TO PASS.
Rep. Timothy D Copeland for Municipal and County Government: This proposed legislation amends RSA 430:14 which does 3 things: change the mosquito control district board or committee which is advisory only from the present 3 voters domiciled in the district to up to 5 voters; appoint them to staggered terms, and there shall be no requirement for a quorum. Vote 17-0.
HB 1498-FN-L, repealing dog licensing requirements. INEXPEDIENT TO LEGISLATE.
Rep. James P Belanger for Municipal and County Government: Some town clerks allege that their communities lose money on dog licensing. Cost of enforcement, metal tags and administration exceeds the revenue generated by license fees. They, therefore, want to eliminate dog licensing. This bill would do that but it does not eliminate the need for rabies vaccinations. The committee feels that, without the need for licensing and renewals of those licenses, owners would ignore the rabies vaccine requirement and will eliminate "guard dog" licensing which would result in a public danger. The burden of ensuring all dogs obtain a rabies vaccine would be shifted to the state veterinarian's office where a substantial increase in staff would be required and cost of printing would escalate. Veterinarians in NH now download rabies certificates, free of charge, on the internet. This bill would require veterinarians to purchase these certificates at a cost of $4.00 which cost would likely be substantially increased to offset the cost of doing business before it is passed on to the consumer. The department of agriculture currently gets $2.00 per license and the state veterinary diagnostic lab gets $0.50 per license which equates to $335,000.00 and $83,750.00 which would need to be re-directed from the state veterinarian's revenue from rabies certificates sold. The fiscal note on this bill estimates a loss in revenue to local municipalities of approximately $724,437.00. At-large dogs picked up by law enforcement or neighbors would have no tag and no way to find the owner and might result in more dogs being confined to municipal kennels and ultimately adopted or euthanized. This bill could result in an increase in rabies shots for cats anywhere from $4.00 to a possible $8.00. The NH Town Clerk's Association testified against this bill. Vote 17-0.
HB 1507-L, authorizing towns to enter into agreements with the state for collection of outstanding taxes. INEXPEDIENT TO LEGISLATE.
Rep. James P Belanger for Municipal and County Government: Well intended this bill attempts to simplify the burden on municipalities in borrowing money for tax anticipation notes (TANS) by having a standard and reliable source of funds from the State of NH. The source of this supply of funds held by the state is not identified. If this was established, not only would the state be put in the banking business but it would be required to add personnel, administration and to duplicate what is already set up in the private sector. Costs to the state would increase, a new sub department would be set up with salaries and benefits likely exceeding those paid in the private sector. Municipalities have the ability to issue tax anticipation notes per RSA 33:7.III and realize a positive cash flow from such notes purchased by investors. HB 1507 is silent on the practice of selling TANS to investors. Vote 13-0.
HB 1591, relative to the homestead exemption amount. INEXPEDIENT TO LEGISLATE.
Rep. Betsey L Patten for Municipal and County Government: The purpose of the homestead exemption in RSA 480 was to make sure that the homeowner would have some financial resources available in the event of financial difficulties. The mechanism used to implement this exemption is to have a portion of the value of your homestead paid to you prior to any creditor, if ordered by the court. The amount of the homestead exemption in 1981 was $5000 and then in 2004 was changed from $60,000 to $100,000. HB1591 would increase the exemption from $100,000 to $250,000 for an individual and from $250,000 to $500,000 for a couple. One of the consequences of increasing the exemption would be to insulate a large number of properties from any potential for repayment of outstanding debt obligations. Another consequence would limit the same amount of properties from attaining any credit to purchase homes. HB1591 tips the balance that has been established between buyers and creditors, providing creditors with little opportunity to recover a consumer’s outstanding financial obligations and the buyers with a way to escape from all outstanding financial obligations. The committee voted that the balance be kept as is, especially in the current atmosphere of tight credit. Vote 16-0.
HB 1603, relative to local spending caps. INEXPEDIENT TO LEGISLATE.
Rep. Betsey L Patten for Municipal and County Government: This bill was filed to be sure that the New Hampshire cities and towns that had charters were able to enact limits on the growth of budgets and taxes. HB 1603 contains the same language that was passed by the House last year in HB 341 which was tabled by the Senate. The adoption of SB 2, Chapter 234, Laws of 2011, changed RSA 49-C and RSA 49-D to allow amendments which included spending caps in charter communities and override thresholds. SB 2 also changed RSA 32 to allow municipalities with traditional meetings to adopt spending caps and override thresholds. The committee voted that the changes to RSA 49-d and RSA 32 in SB 2, Chapter 234, Laws of 2011 adequately addressed all the issues contained in HB 1603. Vote 16-0.
HB 1619, relative to the assessment of property taxes on the value that exceeds $50,000. INEXPEDIENT TO LEGISLATE.
Rep. James P Belanger for Municipal and County Government: This bill attempts to provide tax relief to the less affluent property owners in our communities by exempting the first $50,000.00 of their property valuation from taxation. This would result in mobile home owners with values at or below $50,000.00 to pay no property taxes to support municipal services. It would increase the tax rate of the community to make up for tax revenue losses since every single property in the community would not pay taxes on the first $50,000.00. In communities with low average tax values, it would increase the tax rate significantly. This would skew the burden of taxes to the higher valued properties which might sound reasonable to some. However, unintended consequences come about when dealing with condominiums and open the door to several known and unknown tax avoidance techniques such as, but not limited to, turning apartments into condominium units and established LLCs for home ownership. The tax exemption only applies to "one principle structure per lot that is being used for residential or commercial purposes" opening the door to challenges by owners of those structures not benefiting from the deduction where multiple structures exist on a common lot. An increase in the tax rate for an apartment building would have the owner pass the increase down to those very tenants who are in the income category that this bill attempts help. Vote 13-0.
PUBLIC WORKS AND HIGHWAYS
HB 1130, relative to weighted voting by the Winnipesaukee River advisory board. REFER FOR INTERIM STUDY.
Rep. Franklin T Tilton for Public Works and Highways: The advisory board has agreed to address this issue along with some of their ongoing studies. This bill will likely be modified after they have completed their work. Vote 14-0.
HB 1192-FN, establishing an E-Z Pass commuter discount. REFER FOR INTERIM STUDY.
Rep. David B Campbell for Public Works and Highways: The committee voted this bill to Interim Study as a vehicle to study E-Z Pass issues including possible commuter discounts, (both toll plaza and system-wide) and the impact on turnpike revenues; the E-Z Pass discount, and the cost of transponders and possible solutions. This bill will also look at issues in Merrimack in conjunction with HB 1369 which addresses the location of the eventual overhead toll and is also being recommended for Interim Study. Vote 10-4.
HB 1369, relative to the location of overhead tolling on the F.E. Everett turnpike. REFER FOR INTERIM STUDY.
Rep. David B Campbell for Public Works and Highways: This bill is intended to address several important issues relative to the future of the F. E. Everett Turnpike by mandating the future location of the eventual overhead toll booth on the F. E. Everett. Those issues include (1.) recouping some of the turnpike toll revenue lost with the opening of the Airport Access Road (Raymond J. Wieczorek Way) and its connection to Rt. 3A and D. W. Highway; (2.) the possible elimination of some (or all) of the toll ramps in Merrimack and Bedford which are poor revenue generators and obviously very unpopular with local residents; (3.) to address the revenue necessary to complete the widening of F. E. Everett to three lanes in each direction, eliminating the present two-lane sections which creates traffic bottlenecks; and (4.) to recognize the legislature’s role as the stewards of the turnpike system and the need to balance issues such as turnpike fairness and diversion of traffic. Since the finding for the overhead tolls is at least three years away, the committee wishes to study these issues in conjunction with the Interim Study recommendation of HB 1192-FN regarding E-Z Pass Commuter Discounts. Vote 14-0.
HB1385-FN-A, reducing the rate of the road toll during the 2012 Memorial Day weekend. INEXPEDIENT TO LEGISLATE.
Rep. Edwin O Smith for Public Works and Highways: The committee feels the sponsors have the best interest of the State of New Hampshire with this bill. However many very difficult and complicated issues are present that would require a great deal of changes to accomplish the desired results. First, the estimated $874,739.00 would come directly from the Highway Fund and any benefits go into General Fund. Second, the towns would lose funding which they receive from the road toll collections. The towns receive 12% of the funds collected and this would be reduced with this bill. Third, the tax is paid by the wholesaler so there is a time lag between collection of the tax and the gas making its way into vehicle gas tanks. Determining when a particular gallon of gas is sold and how it fits into the time frame of this bill would create a very difficult accounting dilemma. Fourth, the wholesaler pays the tax and there is no provision for this tax reduction to be passed on to the retail consumer. Fifth, with interstate agreements which are in place, it would be very difficult to determine the tax on fuel used by out of state vehicles because changing the tax rate for a very short term presents an unworkable accounting situation, due to the fact that the road toll reduction would have to be manually calculated. Additionally, the department of safety which collects the road toll testified that the shortest period of time they can adjust its collection program is 30 days. The New Hampshire Division of Travel and Tourism testified in opposition to this bill as it feels it is able to increase tourism visits and income without lowering state revenues to the highway fund. Vote 15-0.
HB 1504, reinstating the Maine-New Hampshire Interstate Bridge Authority. OUGHT TO PASS.
Rep. John A Graham for Public Works and Highways: In 2008 the General Court granted permission for the disestablishment of the Interstate Bridge Authority, a compact between New Hampshire and Maine, contingent upon approval of the U.S. Congress. To date this approval has neither been sought nor granted. This bill will revitalize the authority and it will be responsible for the repair, rehabilitation and the reconstruction or replacement of the Memorial Bridge, the Sarah Long Bridge and the I-95 High Level Bridge. The authority will serve as a financial vehicle to hold, invest and distribute funds from the fund established under RSA 234:66. Tolling on the three bridges is prohibited without the express approval of the legislature. Finally, this revision of RSA 234 will only become effective upon passage of similar legislation by the State of Maine. Vote 14-0.
HB 1576-FN, requiring construction of a noise barrier along Interstate Route 95 in Portsmouth. INEXPEDIENT TO LEGISLATE.
Rep. John A Graham for Public Works and Highways: This bill would require the department of transportation to construct a noise barrier along portions of I-95 in Portsmouth. The DOT estimates that the cost to the turnpike system would be approximately $2.59 million. There is a process to have projects included in the transportation planning for the state. This process begins at the community level, works its way through the regional planning commissions and the GACIT hearings, finally resulting in the revision of the state’s Ten Year Transportation Plan every two years. It does not appear that the sponsors of this bill availed themselves of this process. Finally, the DOT is currently conducting an initial assessment to see if the noise warrants the construction of a noise barrier along this section under their current guidelines. The committee feels that this assessment should be finalized before requiring construction of the barrier. Vote 15-0.
RESOURCES, RECREATION AND DEVELOPMENT
HB 1141, relative to fees for the state park system. INEXPEDIENT TO LEGISLATE.
Rep. Lawrence M Kappler for Resources, Recreation and Development: This bill would have eliminated the requirements that state park system fees receive fiscal committee approval. The sponsor asked the committee to ITL this bill in favor of another bill which modifies the process, which rectifies the problem this bill was intended to correct. Vote 15-0.
HB 1166, relative to the installation of broadband equipment on Cardigan Mountain. INEXPEDIENT TO LEGISLATE.
Rep. Harry C Merrow for Resources, Recreation and Development: The sponsor indicated that the subject matter of this bill had been taken care of and broadband equipment had been installed on the mountain and the bill was no longer necessary. Vote 15-0.
HB 1256, establishing a New Hampshire state register of historic places. OUGHT TO PASS.
Rep. Judith T Spang for Resources, Recreation and Development: This bill puts into statute a New Hampshire state register of historic places, to “recognize, honor, and promote the state’s …heritage.” Properties that meet criteria are listed, with the consent of the owner. Listing in no way prohibits any actions by current or future owners with respect to the property. Vote 15-0.
HB 1356, classifying certain land in Litchfield as land to be retained by the state. OUGHT TO PASS.
Rep. Judith T Spang for Resources, Recreation and Development: Respected ecologists have documented the rare/ecological value of Grassy Pond in Litchfield. While owned by the state department of environmental services, the Litchfield Conservation Commission wants to make sure it will be preserved in perpetuity. This bill assures that it will be placed, by statute, on the list of “retained lands” and never disposed of for uses that would degrade it. Vote 15-0.
HB 1380, relative to the development of wetland mitigation banks. OUGHT TO PASS WITH AMENDMENT.
Rep. Lawrence M Kappler for Resources, Recreation and Development: This bill authorizes the development of wetland mitigation banks by private entities based on the exiting model of publically administered banks. The housekeeping amendment assures that the mitigation bank area is large enough for a meaningful environmental benefit. Vote 14-1.
HB 1484, relative to fees for state parks. OUGHT TO PASS.
Rep. Peter S Bolster for Resources, Recreation and Development: This bill establishes a time limit for decisions by the fiscal committee in approving time sensitive fee increases by state agencies such as state parks. A reasonable period of 60 days for action is created by this bill. Vote 16-0.
HB 1525-FN, repealing the wetlands and shorelands review fund. INEXPEDIENT TO LEGISLATE.
Rep. Peter S Bolster for Resources, Recreation and Development: Testimony from developers as well as regulators agreed that the present system of dedicated funds to support the administration of the department of environmental services was working well for all concerned and there was not evidence of abuse or arbitrary fines or fees. Vote 16-0.
HB 1540-FN, relative to conservation easements on public land. INEXPEDIENT TO LEGISLATE.
Rep. Judith T Spang for Resources, Recreation and Development: There are many benefits to a municipality to own land with a conservation easement on it, including public recreation, protecting public water supplies or satisfying mitigation requirements when it builds on wetlands. However, easements require burdensome stewardship and monitoring that most municipalities don’t want to do. Granting or selling the easement to a nonprofit land protection organization is the perfect solution, especially if it generates income for the municipality. Except for the sponsors, this bill was opposed by virtually everyone testifying. Vote 16-0.
HB 1557, directing the department of resources and economic development to develop a "Live Free or Die Bucks Program" to increase tourism spending. INEXPEDIENT TO LEGISLATE.
Rep. Winfred O Hutchinson for Resources, Recreation and Development: The majority of the committee felt that although the stated goal of the bill is admirable, the substance of the test and testimony lacked any clear conclusion. The unanimous opinion was that subjecting the program to a “gold standard” was both unmanageable and uncertain. The idea has merit but not on the scale proposed. Vote 16-0.
SCIENCE, TECHNOLOGY AND ENERGY
HB 1210, applying the procedures of the eminent domain procedures act to cases of eminent domain concerning public utilities. REFER FOR INTERIM STUDY.
Rep. Frank R Holden for Science, Technology and Energy: The goals of this bill will be accomplished through other legislative vehicles (for example, the possible House concurrence with the Senate-amended version of HB648). There are multiple bills filed this session regarding eminent domain and utilities, including a potential study commission. The committee feels that this bill should be studied this summer. Vote 13-1.
HB 1258, relative to late fees charged by utilities. INEXPEDIENT TO LEGISLATE.
Rep. Sam A Cataldo for Science, Technology and Energy: This bill is almost identical to a bill that the House voted to ITL in 2011. This bill would require all public utilities to bill based on a 30 day payment cycle. The problem presented by this one-size-fits-all solution is that each utility is bound by the legacy metering and customer billing systems which are not easily changed. Any costs resulting from expensive system changes would be passed on to all ratepayers. The PUC determines the rate for late fees and oversees the utility billing process. The committee feels that the PUC properly monitors the utility companies and no further legislation is needed at this time. Vote 15-0.
HB 1288-FN, relative to protection of private property from the use of eminent domain. REFER FOR INTERIM STUDY.
Rep. Jacqueline A Cali-Pitts for Science, Technology and Energy: This bill’s basic intent is to prevent public utilities from using eminent domain over property by changing RSA 371.1. It was also stated that the bill brought RSA 371.1 into compliance with article 12 A of the constitution. The committee had many constitutional questions and felt the bill is worthy of further study. Vote 14-1.
HB 1558, requiring a certificate of public need for eminent domain. INEXPEDIENT TO LEGISLATE.
Rep. Frank R Holden for Science, Technology and Energy: The goals of this bill will be accomplished through other legislative vehicles (for example, the House concurrence with the Senate-amended version of HB648). There are multiple bills filed this session regarding eminent domain and utilities, including a potential study commission. Vote 15-0.
SPECIAL COMMITTEE ON EDUCATION FUNDING REFORM
HB 1473-FN-L, relative to the calculation and distribution of adequate education grants. REFER FOR INTERIM STUDY.
Rep. Lynne M Ober for Special Committee on Education Funding Reform: This bill is a slight revision of HB 337, Chapter 258, Laws of 2011, which this House passed twice last year by overwhelming majorities. The bill calculates the base cost of adequacy using empirical, realistic standards and criteria derived from the state department of education promulgated minimum standards. It increases targeted aid over current law for all categories of targeted students and into the future, would allow significantly greater targeted aid than current law authorizes. However, recognizing the political reality that the Senate has shown no interest in revisiting the adequacy formula this year and not wishing to expend the valuable time of House members in a subtle exercise, the committee voted unanimously to recommend this bill for interim study. By doing so, this bill remains available as a vehicle for future legislative action on this important subject should a consensus emerge in both chambers of the General Court to improve current law. Vote 14-0.
SPECIAL COMMITTEE ON REDISTRICTING
HB 1717, apportioning county commissioner districts. OUGHT TO PASS.
Rep. David W Hess for Special Committee on Redistricting: The committee unanimously adopted this apportionment of county commissioner districts. The deviation in all counties is now within the presumptively valid 10% standard, and required only very minor changes or no changes at all, in eight of the counties. Only Belknap County required a significant realignment with the towns of New Hampton and Sanbornton being joined with the City of Laconia. The committee heard no testimony and received no evidence in opposition to the final reapportionment plan as specified in the bill. Vote 14-0.
STATE FEDERAL RELATIONS AND VETERANS AFFAIRS
HB 1627, relative to communication between federal law enforcement officers and county sheriffs. INEXPEDIENT TO LEGISLATE.
Rep. Steven L Cunningham for State-Federal Relations and Veterans Affairs: The committee heard two similar bills with the same essence. The committee used the other bill as the vehicle to address the intent of both sponsors. Therefore, this bill is redundant and unneeded. Vote 11-0.
HB 1701-FN, prohibiting New Hampshire from entering into or enforcing reciprocal agreements with other states to deny rights and privileges for nonpayment of taxes owed to another state. OUGHT TO PASS WITH AMENDMENT.
Rep. Lynne F Blankenbeker for State-Federal Relations and Veterans Affairs: Currently New Hampshire citizens can suffer driver’s license suspension for non-payment of income tax in other states under a reciprocal agreement. This bill seeks to remedy this injustice as some agreements (such as state income tax delinquency) cannot be reciprocal because New Hampshire proudly still refrains from such a tax. A few necessary carve-out provisions were added in order to avoid violation of international fuel tax, registration plans, and uniform carrier registration systems under the Uniformed Carrier Registration Act of 2005. This bill enjoys approval from the New Hampshire DMV as well as received unanimous committee support. Vote 11-0.
TRANSPORTATION
HB 1171, updating certain references in motor vehicle statutes. OUGHT TO PASS.
Rep. Sherman A Packard for Transportation: This bill updates certain statutes in current New Hampshire law to mirror federal code. Vote 13-0.
HB 1299-FN, relative to permit fee transfer credits. INEXPEDIENT TO LEGISLATE.
Rep. Robert W Williams for Transportation: This bill specifies that permit fee transport credits be pro-rated on a daily basis. This is a bill that does not solve any existing problem while it creates several problems. It will create problems such as, the whole process will have to change, and implementation will increase state highway fund expenditures by $315,000 in 2012. The NH Municipal Association states this bill will have an indeterminable impact on local revenue in 2012 and each year thereafter. Vote 13-0.
HB 1310, increasing the number of days a motorcycle learner's permit is valid. OUGHT TO PASS WITH AMENDMENT.
Rep. Sherman A Packard for Transportation: This bill increases the number of days a motorcyclist’s learners permit is valid from 30 to 45 days. It will allow more time on road in case there is a lot of bad weather. Vote 14-0.
HB 1328, relative to vehicle operation with a stuck throttle or runaway engine. OUGHT TO PASS WITH AMENDMENT.
Rep. John R Cloutier for Transportation: The bill as amended would require that all driver education courses include instruction on dealing with a struck throttle or runaway engine. Such instruction would hopefully prevent future vehicular accidents like the one that occurred in Newport in October 2010 when a motorist was killed by another motorist with a stuck throttle. The amendment deletes the bill’s original stipulation that a motorist driving with a stuck throttle or runaway engine could be charged with negligent driving – a stipulation that the committee believed was too harsh. Vote 14-0.
HB 1398, relative to lighting on bicycles at night. INEXPEDIENT TO LEGISLATE.
Rep. John R Cloutier for Transportation: This bill would modify the requirements for lighting on bicycles at night by eliminating the requirement for a red reflector on the bicycle’s rear, visible from 300 feet of the rear when directly in front of the lawful upper beams of a motor vehicle’s headlamp. A red light would still be mandated on the bicycle’s rear though. The majority of the testimony indicated that the bill as written is not necessary, and would likely decrease the overall safety of bicyclists riding in the darkness. Vote 14-0.
HB 1447, relative to motorcycle number plates. INEXPEDIENT TO LEGISLATE.
Rep. Robert W Williams for Transportation: This bill requires that motorcycle number plates bear the “Live Free or Die” motto. The committee concluded that this bill was unnecessary. The department of safety is following current law which makes it mandatory that all passenger plates are to bear the motto. They are prepared, when there is the need for a new issue of motorcycle plates, to make them with “Live Free or Die” taking the place of the word “Motorcycle” on the current plate. The bill, if passed, would be an unneeded expense as it would require making new plates before the current inventory of plates is depleted. Vote 14-0.
HB 1503-FN, relative to motorcycle rider education. INEXPEDIENT TO LEGISLATE.
Rep. Sherman A Packard for Transportation: The state motorcycle education program has been in existence since 1990. It was started by the motorcycling community for the new motorcycle riders who had no place to go to learn the proper and safe way to operate a motorcycle. To fund this program, a dollar was added to the registration fee of motorcycles only, and five dollars was added to the renewal of a motorcycle license. To start the program, New Hampshire Motorcyclists Rights Organization contributed about $30,000 to the state for instructor training and other expenses until money started coming in from registration and licensing fees. Over the years the state program has trained over 44,000 people. This training has proven to save lives and prevent accidents. Because of the enormous start up costs involved in rider education, no private entity did so until the early 2000’s. The motorcycling community pushed to have these alternative entities available. Currently the cost to a student in the state program is $110.00. The cost of the non-state program runs between $220.00 and $349.00. If the state program were to be discontinued, many people would have difficulty with the added expense and probably not take the course. This would no doubt cause an increase of inexperienced riders on the road, causing an increase in accidents and fatalities. This program is a voluntary program and no motorcyclist voiced a concern about paying an extra two dollars a year to help keep the riders safe. This program is completely self-funded by motorcyclists only. The committee asks that you listen to the vast majority of over 100,000 licensed motorcyclists in New Hampshire and support ITL. Vote 14-0.
WAYS AND MEANS
HB 1556-FN, reducing fees related to reporting of charitable trusts. INEXPEDIENT TO LEGISLATE.
Rep. Patrick F Abrami for Ways and Means: Current statute calls for charitable trusts, when established, to register with the attorney general for a fee of $25. Any periodic written report required by statute to be filed with the attorney general shall be accompanied by a filing fee of $75. This bill calls for the reduction of these fees to $10 and $35 respectively. From the testimony, the committee could not find any compelling reason to lower these fees. Testimony indicated that programs supported by these fees were important and the services provided excellent. With this the committee unanimously agreed to keep the current fees unchanged. Vote 20-0.
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