Open and accessible government

When I ran for election, one of my priorities was championing open and accessible government.

There will be a hearing for HB411 in the election law committee this week.  This bill will allow candidates and supporters to stand 10' away from the polling place.  In the past it has been up to the moderator and, in my experience, has been inconsistent and a barrier to voters to meet and ask questions of the candidates.

Here is my letter to this committee.  The bill text follows.


__________________________________________________
1/29/11

To Members of the Election Law Committee:


I see that you will have a hearing this week on HB411.  I would like to say that I strongly support this legislation.  I represent 3 communities and I find the way in which the moderators determine how far back you can stand to hold your sign inconsistent from election to election.  In one town they made us stand so far back that it was nearly impossible for anyone to park and easily walk to us to ask any questions.

In NH, I am proud that our officials are so accessible.  I am a strong advocate for open, transparent and accessible government.  Government is for the people and by the people.  We must make government and elected officials as accessible as possible  Changing this legislation would ensure that anyone can easily meet and ask questions of candidates.  There should be as few barriers as possible to voting and knowing the person for whom you may vote.

Thank you for your consideration.

Best,
Jenna

_______________________________________

Representative Jenna Roberts

Durham  *  Lee  *  Madbury

E:  Jenna.Roberts@Leg.State.NH.US
FB: NH Rep Jenna Roberts
TW: NHRepRoberts

__________________________________________________

HB 411 – AS INTRODUCED

2011 SESSION

11-0683

03/01

HOUSE BILL 411

AN ACT relative to distributing campaign materials at the polling place.

SPONSORS: Rep. Hikel, Hills 7

COMMITTEE: Election Law

ANALYSIS

This bill specifies the dimensions of the corridor in which distributing campaign materials is prohibited at the polling place.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0683

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to distributing campaign materials at the polling place.

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

1 Distributing Campaign Materials at Polling Place. Amend RSA 659:43, II to read as follows:

II. No person who is a candidate for office or who is representing or working for a candidate shall distribute any campaign materials or perform any electioneering activities or any activity which affects the safety, welfare, and rights of voters within a corridor 10 feet wide and extending a distance of 10 feet from the entrance door of the building [as determined by the moderator] where the election is being held.

2 Effective Date. This act shall take effect January 1, 2012.

Regular Calendar 2/2/11

Each week there is a Regular Calendar. These are items we will vote on individually. I will post these each week. I will try to highlight anything I think is especially relevant to our community. Please let me know if there is anything important to you and what your position is on the issue!

REGULAR CALENDAR

WEDNESDAY, FEBRUARY 2

ENVIRONMENT AND AGRICULTURE

HB 101-FN-A, relative to industrial hemp and establishing an industrial hemp special program fund.  INEXPEDIENT TO LEGISLATE.

Rep. Stephen J Palmer for Environment and Agriculture:  The federal government currently mandates that hemp not be grown in the United States.  Therefore New Hampshire farmers are prohibited from growing hemp.  There is now no law in Hampshire prohibiting the growing of hemp.  Therefore, if the federal government removes it’s mandate, New Hampshire farmers are free to grow hemp. Additionally, the bill creates a bureaucracy to oversee the seed sales, growth and sale of hemp, cost unknown.  Vote 11-7.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION

HB 136-FN, repealing the uniform athlete agents act.  OUGHT TO PASS.

Rep. Spec Bowers for Executive Departments and Administration:  This bill repeals RSA 332-J, which establishes the requirement to register as an athlete agent.  Only six people have registered as athlete agents in five years, none at all in the last two years.  There have been zero enforcement actions.  It is not needed because athletes, parents, and coaches are knowledgeable about the rules and are fully able to exercise individual responsibility.  The statute is harmful in that it encourages reliance on the government to protect people from their own decisions.  Vote 7-5.

FISH AND GAME  AND MARINE RESOURCES

HB 167, naming the Enfield wildlife management area after former fish and game biologist Henry Laramie.  OUGHT TO PASS.

Rep. Marc D Tremblay for Fish and Game and Marine Resources: This bill would rename the Enfield wildlife management area in honor of deceased fish and game wildlife biologist Henry Laramie.  Henry Laramie was a true visionary in regards to wildlife in this state in many different ways.  His dedication and professionalism during his long career led to not only better management of wildlife species in New Hampshire, but several of his accomplishments have been used across North America.  These accomplishments include the development of the beaver pipe, implementation of safe and effective tranquilizers used to sedate bear for research and initiatives to acquire, protect, and preserve hundreds of acres of land in New Hampshire.  Henry was instrumental in successfully creating a moose management program.  Henry’s visionary ideas are being utilized worldwide.  We are honored to recognize this truly special man.  Vote 15-0.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS

HB 71, authorizing establishment of pharmaceutical drug take-back programs.  OUGHT TO PASS.

Rep. Evalyn S Merrick for  Health, Human Services and Elderly Affairs:  This bill allows New Hampshire communities and private entities to establish uncontrolled and controlled drug take-back programs for the purpose of destruction of these agents.  The law allows this action in collaboration with the chief law enforcement of the community or governmental entity.  There was great legislative and constituent support for this legislation.  All should support this legislation as it has already proven its ability to remove thousands of unused medications from homes, and streets of New Hampshire.  Vote 17-0.

STATE FEDERAL RELATIONS AND VETERANS AFFAIRS

HB 89, requiring the attorney general to file lawsuits challenging the Patient Protection and Affordable Care Act and the United States Environmental Protection Agency's cap and trade program. MAJORITY:  OUGHT TO PASS WITH AMENDMENT.  MINORITY:  INEXPEDIENT TO LEGISLATE.

Rep. Steven L Cunningham for the Majority of  State-Federal Relations and Veterans Affairs:  The committee determined that the patient protection and affordable care act would result in huge unfunded mandates for New Hampshire, a concern worthy of action by the attorney general.  Testimony from the chairman of the finance committee assured us of the massive costs the patient protection and affordable care act would bring to the state.  These expensive mandates appear to violate our state sovereignty.  The committee has verified that there is no cost to join the lawsuit.  Other states, such as Alaska, have budgeted $5,000 for travel and miscellaneous associated expenses to allow a minimal presence in this lawsuit.

A secondary concern for the committee was that the  patient protection and affordable care act requires that New Hampshire citizens purchase a health care insurance policy against their will.  The committee agrees that this is an onerous violation of individual rights that should be opposed. Vote 11-3.      

Rep. Theodoros V Rokas for the Minority of  State-Federal Relations and Veterans Affairs:  While the minority finds numerous reasons to deem HB 89 inexpedient to legislate, we will focus on the two most important – constitutionality and cost.  As stated by the attorney general at the public hearing, HB 89 is a clear violation of the separation of powers doctrine (part 1, article 37) of the New Hampshire constitution.  Part 1, article 37 states that the legislative, executive, and judicial branches of government “ought to be kept as separate from, and as independent of, each other, as the nature of free government will admit…”  Ever since the adoption of part 1, article 37 in 1784, it has been the duty of the legislative branch to enact laws, and the duty of the executive branch to enforce them.  The minority agrees with the attorney general that HB 89 violates that separation of power by having the legislative branch dictate to the executive branch which laws to challenge.  Just as the attorney general has no constitutional authority to require the legislature to pass or defeat particular bills, the legislature has no constitutional authority to require the attorney general to mount legal challenges against particular laws.  If the legislature can compel the attorney general to challenge particular laws, the traditional independence of the attorney general is compromised.  This bill is also a perfect example of the wasteful government spending we all seek to eliminate.  Passage of HB 89 would require the attorney general to spend his time, resources, and financial wherewithal joining a federal lawsuit that is going forward anyway.  The legal and constitutional questions remain the same, and the eventual effect on New Hampshire will be the same whether we join the lawsuit or not.  While some states may have extra money in their budgets to make the symbolic act of becoming the 26th or 27th state to join this federal lawsuit, we do not.  As one of the least-taxed states in the country, New Hampshire can only afford to spend money on legal cases on which our inclusion has the potential to make a meaningful difference.  Additionally, the potential cost to taxpayers for passing HB 89 is unknown.  While there was discussion in committee as to the “estimated” cost of passing HB 89, there is no fiscal note attached to the bill.  The true cost of HB 89 is unknown.  At a time when we will likely see spending reductions in education, and to programs that benefit our neediest citizens, the last thing we should be spending money on is symbolic lawsuits with an unknown cost to the citizens of our state.  The minority can think of no better way to show our commitment to responsible spending than to find HB 89 inexpedient to legislate.       

HCR 1, urging the congressional delegation to begin the process for a constitutional amendment establishing that human beings, not corporations, are entitled to constitutional rights.  INEXPEDIENT TO LEGISLATE.

Rep. Jeanine M Notter for State-Federal Relations and Veterans Affairs:  This bill would urge congress to begin the process of amending the U.S. constitution to establish that human beings and not corporations are entitled to constitutional rights.  This has to do primarily with the funding of elections.  The HCR should be killed.  Vote 8-5.

2/2/11 Consent Calendar

Here are all the items coming to a vote on the consent calendar.  If it is on the consent calendar then we pass everything at once.  Any legislator can take anything off the consent calendar.

See any problems?  Let me know!

Jenna Roberts
Representative for Durham, Lee and Madbury

CONSENT CALENDAR

WEDNESDAY, FEBRUARY 2

CHILDREN AND FAMILY LAW

HB 168, establishing a committee to study the juvenile delinquency and child in need of services statutes.  OUGHT TO PASS.

Rep. Franklin F Gould for Children and Family Law:  This bill establishes a study committee to review the statutes relative to Juvenile Delinquency and Children in Need of Services (CHINS).  These statutes were established at the same time in the late 1970’s.  Their effectiveness has not been reviewed since, and with the potential to streamline services and develop best practices, a study at this time makes sense.  Vote 16-0.

HB 182, relative to the definition of a child in need of services.  INEXPEDIENT TO LEGISLATE.

Rep. Jeffrey D. Oligny for Children and Family Law: This bill proposed a change to facilitate the earlier intervention for children considered for Children in Need of Services  (CHINS).  The sponsor agreed that the subject matter would be best addressed if this bill was merged with HB 168.  Vote 16-0.

CRIMINAL JUSTICE AND PUBLIC SAFETY

HB 79, relative to certification of dogs for law enforcement work.  OUGHT TO PASS WITH AMENDMENT.

Rep. Mark Warden for Criminal Justice and Public Safety:  This bill simply adds the New England state police administrators compact to the recognized organizations that can certify dog training courses. Vote 11-0.

ENVIRONMENT AND AGRICULTURE

HB 30, relative to reciprocity for licensure by the board of veterinary medicine.  OUGHT TO PASS.

Rep. Suzanne J Smith for Environment and Agriculture:  With the passage of HB 30, New Hampshire will join 33 other states in accepting the PAVE (Program for the Assessment of Veterinary Education Equivalence) examination in the licensure of veterinarians who have graduated from veterinary schools not accredited by American Veterinary Medical Associates (AVMA).  The cost of this exam is drastically less than the cost of the only currently accepted examination given by the Educational Commission on Foreign Veterinary Graduates (ECFVG).  This, hopefully, will assist the state in attracting qualified veterinarians of both large and small animals.  Vote 17-0.

FISH AND GAME  AND MARINE RESOURCES

HB 93, relative to medical documentation for a crossbow permit for a person with a disability..  OUGHT TO PASS.

Rep. Betsy McKinney for Fish and Game and Marine Resources: This bill was a request of the fish and game department to allow nurse practitioners to sign paperwork for disability permits for Disabled Crossbow Permit Applications.  Currently, only doctors may fill out the paperwork.  The committee felt this was helpful to the applicants.  Vote 13-0.

HB 195, relative to special permits for transportation of deer.  OUGHT TO PASS.

Rep. Lyle E Bulis for Fish and Game and Marine Resources:  This bill reduces the burdensome requirements of multiple deer tagging currently required of minors, property owners, and other special license holders whose licensing document does not bear tags.  The requirement is reduced from three to two.  This bill is at the request of the fish and game department.  Vote 15-0.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS

HB 111, relative to redispensing unused drugs.  OUGHT TO PASS.

Rep. Donald L LeBrun for  Health, Human Services and Elderly Affairs:  This bill adds “including manufacturer’s samples” to Pharmacy Rule 318:58 which allows the redistribution of unused prescription drugs, (including manufacturers samples), that have not reached their expiration date, are contained in an unopened unit dose or other tamper-evident packaging and show no evidence of contamination. This will make it possible to also include manufacturer’s samples as possible donated prescription drugs..  Vote 17-0.

RESOURCES, RECREATION AND DEVELOPMENT

HB 35-FN, authorizing the acquisition of certain dams in the Connecticut Lakes Headwaters Tract.  OUGHT TO PASS WITH AMENDMENT.

Rep. Andrew Renzullo for Resources, Recreation and Development:  This bill authorizes the reacquisition of five dams on the Connecticut Lakes Headwaters Tract for $1.  These dams were built by New Hampshire fish and game on leased land some 40 years ago.  The leases have expired and ownership has technically reverted to the lessor.  These dams were built with state funds.  These dams have been operated and maintained by the State of New Hampshire since their construction.  It would be a dereliction of the public trust not to conserve and preserve the state’s interest in valuable assets.  It should be noted that this bill specifically states that, except for the above mentioned $1, it does not mandate or authorize any capital or other expenditures.  The water bodies impounded by these dams are important recreational assets to the state.  They provide important recreational opportunities and fish and wildlife habitat in the North Country.  They are some of the best remote trout ponds in the state.  One pond is a very unique fishery in that it is one of the few in the state where trout can overwinter.  Sport fishing and the tourism it generates is one of the leading economic engines in the area where these lakes are located.  Vote 16-1.

HB 45, relative to the Connecticut Lakes headwater citizens committee.  OUGHT TO PASS.

Rep. Thomas J Howard for Resources, Recreation and Development:  The committee unanimously agreed adding a lease holder to the Connecticut Lakes Headwater Citizens Committee would add another valuable voice with interests and experiences that would help the committee in its management of the property.  Vote 16-0.

HB 55, adding a member to the exotic aquatic weeds and species committee.  OUGHT TO PASS.

Rep. David H Russell for Resources, Recreation and Development:  This bill simply adds a representative of the New Hampshire Lakes Association to the exotic aquatic weeds and species committee.  The Lakes Association should be working hand in hand with this committee.  The committee is advisory to the New Hampshire department of environmental services (DES) in controlling and eradication of milfoil.  The Lakes Association is also responsible for the lake host program.  Vote 16-0.

HB 63, extending the instream pilot program for one year.  OUGHT TO PASS WITH AMENDMENT.

Rep. Lawrence M Kappler for Resources, Recreation and Development:  This bill is simply another year extension to the instream flow pilot program.  Field work began in 2005 and has continued.  The analysis needs data from three flow magnitudes for each bio-period in the streams and has proven to be a major task as they are weather controlled.  The bill also extends the implementation date preventing the commissioner of New Hampshire department of environmental services (DES) from initiating or adopting rules prior to program completion.  Vote 17-0.

HB 74, relative to the ticketing and season passes at Cannon Mountain.  OUGHT TO PASS WITH AMENDMENT.

Rep. Andrew Renzullo for Resources, Recreation and Development:  This bill makes changes to the requirements for reduced rate season passes at Cannon Mountain aerial tramway and ski area.  It simplifies the process and reduces the confusion among products and hence improves customer service.  The bill eliminates the need for secondary school enrollment proof (with home schooling being so prevalent) while still requiring proof of age.  The bill changes the age brackets of underage skiers to align the season pass and day ticket age brackets which are currently different.  From a service perspective, it makes little sense to have different age brackets and different burdens of proof depending on which product a guest is looking to purchase.  The Cannon Mountain Ski Area management does not expect any change in revenue.  Vote 15-0.

HB 183, renaming Mount Clay in honor of Wonalancet.  INEXPEDIENT TO LEGISLATE.

Rep. Thomas J Howard for Resources, Recreation and Development: The committee heard testimony from the prime sponsor indicating the bill was a “mistake” and would we please ITL.  Apparently Mount Clay has already been renamed Mount Reagan through HB 82, Chapter 139 in 2003 session.  Vote 12-0.

SCIENCE, TECHNOLOGY AND ENERGY

HB 76, authorizing the division of emergency services and communications to levy administrative fines on carriers that repeatedly overwrite the enhanced 911 database.  INEXPEDIENT TO LEGISLATE.

Rep. Frank R Holden for Science, Technology and Energy:  The committee desires to have the most accurate E-911 database possible but believes that this can best be accomplished by all parties working together in the E-911 Commission.  It is not clear that a system of fines would lead to the best possible result.  The process of updating the database could use some refinement and that should be done by the E-911 Commission.  Vote 16-0.

STATE FEDERAL RELATIONS AND VETERANS AFFAIRS

HB 56, relative to proper observance of September 11, 2001.  OUGHT TO PASS WITH AMENDMENT.

Rep. Frank H McCarthy for State-Federal Relations and Veterans Affairs: It is the intent of this bill to ensure proper observance of September 11, 2001.  Federal statute declares September 11 as “Patriot Day.”  This bill requires that the governor shall annually issue a proclamation calling for a proper observance of September 11 in honor and remembrance of those who lost their lives on that day.  The proclamation shall include but not be limited to the requirements of section 144 of public law 107-89.  Vote 13-0.

HCR 3, urging increased consideration and preservation of local authority in international trade and investment agreements.  INEXPEDIENT TO LEGISLATE.

Rep. Lucien A Vita for State-Federal Relations and Veterans Affairs:  This bill contends that supranational treaties, including the Free Trade Area of the Americas (FTAA), the United States-Chile Agreement, the General Agreement on Trade in Services (GATS), the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO), contain provisions that will result in the shifting of the power to regulate zoning, ground water and natural resource protection, corporate ownership of land and law enforcement by courts away from state and local governments.  However, a review of web sites dedicated to the above treaties failed to produce any evidence that would support this position.  Further, aside from the text of the bill, the sponsor failed to provide any documentation in support of his contentions, nor did any witnesses appear in support of the bill.  In addition, this bill focuses on the threat of loss of state and local sovereignty due to the possible impact of a certain few treaties, addressing only a small part of a much larger issue; the process by which bureaucrats, who are not representatives of the people, are allowed to approve treaties and agreements with other countries and supranational organizations.  This violation of the constitutional requirement for congressional oversight (Article 2, Section 2) has been justified by the need for expediency, has resulted in hundreds of agreements and treaties becoming law without the protection of a two-thirds majority vote of the United States Senate and will be addressed in this session by HCR 6.  Vote 10-0.

HCR 4, urging the United States Nuclear Regulatory Commission to permit New Hampshire to relicense nuclear power plants.  INEXPEDIENT TO LEGISLATE.

Rep. Robert L Theberge for State-Federal Relations and Veterans Affairs: The committee agrees that sufficient regulations are in place and the national regulatory commission (NRC) apprises the attorney general’s office fully and notifies the public of any and all hearings and therefore this legislation is not necessary.  In addition, the committee was concerned about the cost of creating another level of oversight.  Vote 13-0.

HR 6, condemning the taking of a private business by a foreign government.  OUGHT TO PASS.

Rep. Daniel J Tamburello for State-Federal Relations and Veterans Affairs:  The passage of this bill would chastise the government of Canada for the illegal taking of a business held and operated by a New Hampshire and U.S. citizen.  The governments of Quebec and Canada have committed this act in open violation of the NAFTA treaty.    Vote 13-0.

TRANSPORTATION

HB 28, establishing a committee to study driver's license suspensions.  INEXPEDIENT TO LEGISLATE.

Rep. John E Tholl for Transportation:  While the purpose of the bill is to form a study committee to study driver’s license suspension, all of the testimony was not about studying license suspension, but about the single issue of the inclusion of license suspension as a major offense towards habitual offender status.  The committee feels that a study committee is not warranted and that a bill drafted to address the issue expressed during the testimony would have been a more appropriate measure.  Vote 11-0.

HB 78, relative to motor vehicle permit fee credits.  INEXPEDIENT TO LEGISLATE.

Rep. John E Tholl for Transportation:  This bill would have required the department of safety to reprint all of the applications for registration blanks to include the required language.  Tens of thousands of vehicles are registered each year necessitating a considerable cost to the state for reprinting the forms and/or for the rewriting of the computer software used to print registrations.  The required information is already made available by the town clerks when a registration is transferred.  In addition, the bill did not contain a fiscal note.  Therefore the committee feels that the bill, although well intentioned, is not practicable and overly expensive.  Vote 11-0.

HB 83, relative to vessel registration.  OUGHT TO PASS.

Rep. John R Cloutier for Transportation:  This bill simply adds language to New Hampshire RSA 270-E:3, and requires any vessel, capable of being propelled by a motor, to be registered as required under current law, even if the vessel is just to be put or placed in state waters.  Such waters include tidal, coastal and inland waters.  Current law solely requires registration for the above described vessels operating in these waters.  This bill is at the request of the department of safety.  Vote 10-1.

HB 97, relative to operation of low-speed utility vehicles.  INEXPEDIENT TO LEGISLATE.

Rep. Robert W Williams for Transportation:  This bill would modify the operation restriction of only driving 25 or under miles from the owner’s residence or place of business.  The low speed vehicle plate, the agricultural plate and the farm plate all have similar restrictions.  The restrictions limit the use of the vehicles to farm and industrial use.  This bill would violate the integrity and the reason for these low cost special plates.  Vote 11-0.

HB 98, relative to low-speed utility vehicles.  INEXPEDIENT TO LEGISLATE.

Rep. Robert W Williams for Transportation:  This bill would allow low speed utility vehicles with farm tractor plates to be used for personal use.  This is totally contrary to what such vehicles should be used for.  Low speed utility plates were approved solely for the purpose of meeting the needs of some farmers and certain businesses.  Vehicles with agricultural plates (RSA 261:82) and farm plates (RSA 261:84) are prohibited from and not allowed to be used for personal use.  To allow a low speed utility vehicle to be driven for personal use would be in conflict with the limitations placed on vehicles with farm plates or agriculture plates.  Vote 10-1.

HB 116, relative to the rulemaking requirement for establishing operating restrictions on certain bodies of water.  OUGHT TO PASS.

Rep. John A Hikel for Transportation: This bill reduces regulations, speeds the process, and reduces the burden on taxpayers.  It eliminates cumbersome rule making authority under

RSA 541-A.  Vote 11-0.

HB 117, allowing additional weight for vehicles using idle reduction technology in order to promote reduction of fuel use and emissions.  OUGHT TO PASS.

Rep. Robert W Williams for Transportation:  This bill is pro-business, pro-environment and there is no fiscal note attached.  This legislation mirrors current federal regulation.  NH is under no obligation or mandate to enact this legislation. This bill will allow cost conscious, environmentally friendly truckers to regain the 400 lbs. of gross weight they lose when they utilize this technology.  NH DOS, DOT and DES are all in favor of this bill.  This bill will reward the independent trucker as well as the largest trucking firms for utilizing technology that they voluntarily purchased and installed on their vehicles to increase fuel economy and decrease emissions.  This technology powers cab comfort devices when truckers are in our truck stops and/or neighborhoods adhering to their safety and rest requirements.  Vote 11-0.