The following is a recap of the New Hampshire House on March 9, 2016. Published as submitted by the Speaker’s Office. ~ Melanie
The House was called to order at 9:00 a.m.
Rep. Hinch moved that the House adjourn from the Session of Feb. 11, 2016
Prayer by the member from Exeter, Rep. Alexis Simpson
Pledge led by the member from Barrington, Rep. Leonard Turcotte
Anthem sung by the Coe-Brown Northwood Academy Select Chorus
Leaves of Absence
Introduction of guests
House Communication: The resignation of Rep. Kyle Tasker (Rockingham-Dist. 2) is read to the house.
The Chairman of the Legislative Administration committee, Rep. Dick Hinch, reports that Rep. Leeman is now inhabiting the district in which he was elected. The report of the Legislative Administration committee is tabled, voice vote.
Bills removed from the Consent Calendar:
HB 1329 Commerce and Consumer Affairs-Rep. Fisher
HB 1135 Criminal Justice-removed by Rep.Abramson
HB 1153-Criminal Justice-removed by Rep. Spillane
HB 1261-Criminal Justice-removed by Rep. Abramson
HB 1311-Criminal Justice-removed by Rep. Hannon
HB 1318 Criminal Justice removed by Rep. Spillane
HB 1610 Criminal Justice removed by Rep. Sylvia
HB 1414 Education removed by Rep. Hoell
HB 1497-Education-removed by Rep. Ladd
HB 1143 Election law removed by Rep. Rideout
HB 1144 Election Law removed by Rep. Bates
HB 1466-Environmen and Agriculture-Removed by Rep. Hannon
HB 1661 Health, Human Services and Elderly Affairs-removed by Rep. Moore
HB 1701 Health removed by Rep. Joe Sweeney
HB 1370 Judiciary removed by Rep. Abramson
HB 1126 Leg Ad removed by Rep. Hoell
HB 1263-Municipal and County Government-removed by Rep. Abramson
HB 1359 Municipal and County Government removed by Rep. Estevez
HB 1134-Science, Technology and Energy-removed by Rep. Abramson
HCR 10-State-Federal Relations and Veterans Affairs-removed by Rep. Abramson
HB 1422 Ways and Means removed by Rep. Estevez
The consent calendar was adopted, voice vote. HB 1681 was referred to the committee on Criminal Justice and Public Safety.
ELECTION LAW
CACR 17, relating to domicile for the purpose of voting. Providing that only a resident of the state may establish a domicile for the purpose of voting.MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE (the committee report of OTP was defeated, failing to receive the necessary two-thirds (279)vote, roll call, 188-135. Rep. Shurtleff moves to table the bill. The motion to table carries, voice vote)
Rep. Hinch moves to special SB380 (Resources & Recreation) to the next order of business. (the motion carries, voice vote)
RESOURCES, RECREATION AND DEVELOPMENT
SB 380, establishing the drinking water and groundwater trust fund and establishing the New Hampshire drinking water and groundwater advisory commission. OUGHT TO PASS. Rep. Kurk moves amendment 0940H. The amendment is adopted voice vote. (The committee report of OTP as amended is adopted, voice vote. It will be fast tracked to the Senate).
CACR 23, relating to the warning of biennial meetings. Providing that the selectmen are not required to be present to receive the votes. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.
(The committee report fails, roll call, 169-164, failing to receive the necessary two-thirds (279) votes. Rep. Shurtleff moves to table the bill. The motion carries, voice vote)
HB 1313-FN, relative to eligibility to vote and relative to availability of voter information. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.(The committee report of OTP is adopted, voice vote)
HB 1356, relative to construction of the terms “resident” and “inhabitant.” MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.(The committee repot of OTP/A is adopted, division vote, 200-139)
HB 1468, relative to sessions for correction of the checklist. OUGHT TO PASS WITH AMENDMENT. (The committee report of OTP/A is adopted, voice vote)
HB 1482, establishing a committee to study improving the statewide voter registration database. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: OUGHT TO PASS. (The committee report of OTP/A is adopted, roll call 208-140)
HB 1529-FN, relative to reporting of felony convictions for voter checklist updates. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee report of OTP/A, is adopted, division vote, 187-160)
HB 1530-FN-LOCAL, relative to mail-in voting. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, roll call, 287-66)
HB 1532, permitting state or county prisoners to vote by absentee ballot. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
ENVIRONMENT AND AGRICULTURE
HB 1440-FN, relative to certification for solid waste operators. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, roll call, 219-130)
HB 1499-FN, relative to certificates for rabies vaccination of dogs, cats, or ferrets. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1528-FN, relative to standards for aerobic septic systems. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, voice vote)
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
CACR 21, relating to the attorney general. Providing that the attorney general be elected to a 4-year term. WITHOUT RECOMMENDATION Rep. Hoell moves OTP. (Amendment (0422h) is adopted, division vote, 168-165. The motion of OTP, as amended, fails to get the necessary two-thirds (236) votes, division vote, 181-171. Rep. Shurtleff moves ITL. The motion of ITL fails, roll call, 179-181. Rep. Hinch moves to table CACR 21. The motion is adopted, voice vote.
HB 1122, relative to limitations on supervisory positions in state employment. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, 200-150)
HB 1187-FN-LOCAL, repealing licensure of showmen. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, 192-155 ,division vote)
HB 1224, establishing RV month in New Hampshire. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1282, relative to the state building code. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, roll call, 307-49)
HB 1433-FN, establishing the office of ombudsman in the department of state. REFER FOR INTERIM STUDY.(The committee report of Refer for Interim study is adopted, voice vote)
HB 1442-FN, relative to objections to proposed agency rules under the administrative procedure act. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, division vote, 222-140)
HB 1639-FN, relative to bonds for public employees. INEXPEDIENT TO LEGISLATE.(The committee report of ITL is adopted, roll call, 318-41)
HB 1640-FN, relative to the expiration of administrative rules. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, voice vote)
HB 1658-FN, establishing one-stop business permitting. REFER FOR INTERIM STUDY. (The committee report of Refer for Interim Study is adopted, voice vote)
FINANCE
HB 242, relative to the statewide improvement and assessment program. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee report of OTP is adopted, division vote, 215-142)
HB 1428-FN-A-LOCAL, making appropriations to the department of environmental services for the purpose of funding eligible and completed drinking water and wastewater projects under the state aid grant program. OUGHT TO PASS WITH AMENDMENT. (The committee report of OTP/A is adopted, voice vote)
HB 1475-FN-A, establishing a death benefit for a school employee killed in the line of duty. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS WITH AMENDMENT. (The committee report of ITL is adopted, roll call, 195-160)
HB 1591-FN-A, relative to the health care premium contribution for retired state employees who are over 65 years of age, relative to funding of retiree health benefits, and making an appropriation to the department of administrative services. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee amendment (0889) is adopted, division vote, 189-160. The committee report of OTP/A is adopted, roll call, 194-162) Rep. Irwin declared a conflict of interest.
HB 1670-FN, relative to public employee suggestions for cost-savings measures. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1686-FN, repealing the community heritage investment program. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1696-FN, requesting a modification of the New Hampshire health protection program. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.(The committee amendment (0910H) passes, voice vote. Rep. Umberger moves floor amendment 0902H. The amendment is adopted, roll call, 182-181. The chair voted to break a tie vote. Rep. Hoell moves floor amendment 0921H. Rep. Simmons moves (higher motion) to table HB 1696 (The motion to table HB 1696 is defeated, roll call,137-221) Amendment 0921H is defeated, 14-344,roll call. Rep. Hoell moves floor amendment 0920H (Keno). The amendment is defeated, roll call, 126-233. The committee report of OTP, as amended, is adopted, roll call, 216-145. Rep. O’Brien moves to reconsider HB 1696, as amended. The motion to reconsider is defeated, roll call, 146-214.
Rep. Pantelakos moves that the gentlemen be allowed to removed their jackets.
Speaker pro-tem Sherman Packard now in the chair
FISH AND GAME AND MARINE RESOURCES
HB 1178, relative to the taking of black bear assisted by a licensed guide. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.(The committee report of ITL is adopted, roll call, 217-122.
HB 1548-FN, prohibiting the trade of shark fins. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.(The committee report of ITL is adopted, roll call, 238-101.)
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
HB 1310, establishing a commission to study health care for all residents of New Hampshire. REFER FOR INTERIM STUDY.(The committee report of Refer for Interim Study is adopted, voice vote)
HB 1420, relative to controlled drug prescription health and safety information. OUGHT TO PASS WITH AMENDMENT.(The committee report of OTP/A is defeated, roll call, 15-195) Rep. Rosenwald moves to ITL HB 1420. The motion of ITL is adopted, division vote, 268-64.
HB 1453, relative to qualifying medical conditions for purposes of therapeutic cannabis. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.(The committee report of ITL is defeated, roll call, 89-257) Rep. Weber moves OTP. (The motion of OTP is adopted, voice vote)
HB 1605-FN, prohibiting the use of latex gloves and utensils in the food service industry. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee report of OTP/A is adopted, roll call, 180-162)
HB 1629-FN, relative to disqualifying members of certain groups from receiving public assistance. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, division vote, 279-62)
HB 1690-FN, extending the New Hampshire health protection program. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, roll call, 211-128)
JUDICIARY
CACR 13, relating to the administrative head of the courts. Providing that the chief justice of the supreme court shall make rules governing employees of the courts and the practice and procedure to be followed in the courts. WITHOUT RECOMMENDATION. Vote 8-8 The motion of OTP is made by Rep Hull. He also moves a Floor amendment (0121H). The motion is defeated, voice vote. Rep. Rowe moves to table CACR 13. The motion to table CACR 13 is adopted, division vote, 244-47)
CACR 22, relating to the right to privacy. Providing that an individual’s right to live free from governmental interference is fundamental and shall not be restricted unless the government demonstrates a compelling state interest. OUGHT TO PASS WITH AMENDMENT. Speaker Jasper is back in the chair.(The committee report of OTP/A is defeated, roll call, 220-116, lacking the necessary two-thirds (229) votes) Rep. O’Brien moves ITL. The motion is adopted, voice vote.
HB 1125, requiring law enforcement officers to return stolen property. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS WITH AMENDMENT. (The committee report of ITL is adopted/defeated, division vote, 180-152)
HB 1175-FN, relative to post-judgment real estate liens. OUGHT TO PASS WITH AMENDMENT. (The committee report of OTP/A is adopted, voice vote.
HB 1249, providing that persons who provide false or misleading information in an abuse or neglect proceeding shall be guilty of the crime of false swearing.MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS WITH AMENDMENT. (The committee report of ITL is adopted, roll call, 204-128))
HB 1270, relative to a jury’s determination as to the applicability of a law. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee report of OTP/A, roll call, 184-145
HB 1328, limiting pregnancy terminations to pregnancies of 20 weeks or less. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS WITH AMENDMENT. (The committee report of ITL is adopted, roll call, 182-144.
HB 1361, relative to service of process by attorneys and justices of the peace. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS WITH AMENDMENT.(The committee report of ITL is adopted, voice vote)
HB 1399-FN, requiring licensure of outpatient abortion clinics. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, roll call, 203-121)
HB 1417, relative to records of convening’s of public bodies. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS WITH AMENDMENT. (The committee report of ITL is adopted, roll call, 189-135)
HB 1481, relative to the qualifications of jurors. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1493, relative to ownership of DNA. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee report of OTP/A is adopted, voice vote)
HB 1496, relative to the expectation of privacy in personal materials. INEXPEDIENT TO LEGISLATE.(The committee report of ITL is adopted, roll call, 215-108)
HB 1522, adopting the Federal Rules of Civil Procedure as law. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1555-FN, relative to the manner in which New Hampshire takes possession of land. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1570-FN, repealing the law governing access to reproductive health care facilities. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.(The committee report of OTP/A is adopted, roll call, 160-152)
HB 1575-FN, prohibiting certain court filing fees. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1623-FN, prohibiting an abortion based on genetic abnormalities. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. (The committee report of ITL is adopted, roll call, 224-88)
Rep. Hopper moves reconsideration on HB 1555. (The motion is defeated, division vote, 120-195)
HB 1625-FN, relative to banning abortion after viability. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. (The committee amendment (0869) is adopted, division vote, 156-155. The committee report of OTP/A , is defeated, roll call, 148-151) Rep. Eaton moves ITL. The motion of ITL is adopted, division vote, 165-135. Rep. Eaton moves reconsideration on HB 1625. (The motion to reconsider is defeated, roll call, 134-167)
HB 1636-FN, prohibiting abortions once an unborn child can feel pain. WITHOUT RECOMMENDATION. Vote 9-9 Rep. Wuelper moves OTP. (The motion of OTP is defeated, roll call, 122-160) Rep. Eaton moves ITL. (The motion of ITL is adopted, voice vote)
HB 1660-FN-LOCAL, relative to eminent domain for gas pipelines and relative to assessment of the land use change tax for eminent domain takings for energy infrastructure. OUGHT TO PASS WITH AMENDMENT. (The committee report of OTP/A is adopted, roll call, 235-77. )
HB 1663-FN, prohibiting buying, selling, and experimenting on unborn infants or bodily remains resulting from abortion. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, roll call, 155-122)
WITHOUT RECOMMENDATION. Vote: 8-8 Rep. McLean moves OTP. He moves amendment0874H. (The amendment is defeated, division vote, 134-139. The motion of OTP is defeated 131-146. Rep. Rosenwald moves ITL. The motion of ITL is adopted, voice vote.
Rep. White moves reconsideration on HB 1663. The motion fails, voice vote.
HB 1687-LOCAL, relative to governmental liability for personal injury on playground structures. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
HB 1688-FN-LOCAL, relative to governmental liability for negligence claims. INEXPEDIENT TO LEGISLATE. (The committee report of ITL is adopted, voice vote)
