NEWS

N.H. Roll Call: Week ending May 25

Staff Writer
Fosters Daily Democrat

Postponement of elections

Senate Bill 438, "relative to the postponement of local elections," was legislation introduced early this year to address the matter of who has the authority to postpone local elections in the event of a weather emergency or other serious concern. The Senate had passed the bill in March, and the House passed an amended version earlier this month.

The House Election Law Committee voted 11 to 9 recommending different amended versions of the bill. The majority reported, "This bill establishes a procedure for the postponement of elections that are conducted locally in our 221 towns and 13 cities. As amended by the committee, it provides specific procedures to follow when either statewide or local events occur that affect the conduct of elections. This proposal balances the interests involved in local elections using an official ballot while providing that in emergencies the moderator is in charge as to how that postponement or continuation will occur, and it is the moderator that starts the process to have it happen, and it is the moderator that implements that process."

Recommending passage of an amended version of its own, the minority wrote, "Practically all the many hours of testimony to the committee from moderators and local government officials, simply sought clarifying language in RSA 40:4 (state law); to enable all town moderators to postpone and reschedule local elections when local conditions warranted that action. Unfortunately, instead of clarifying that local moderators and officials may postpone and reschedule local elections when they determine that is what safety requires, this bill with the committee majority amendment actually strip away the now apparent authority of the local moderator to make such safety decisions, and delivers that power to the office of the secretary of state."

The House agreed to a further amended version of the bill, but the Senate disagreed and asked for a conference committee made up of members of each chamber to attempt to work out a compromise. That committee reported that they could not solve the differences, but suggested the House approve the Senate version. Up for a vote this week was that conference committee report, asking that the House agree with the Senate bill. The House voted opposed on a vote of 118 to 225. "Yes" supported the motion to approve the report and pass the bill, "no" opposed:

Portsmouth Herald area legislators

Yes: Patrick Abrami, R-Stratham; Renny Cushing, D-Hampton; J. Tracy Emerick, R-Hampton; Richard Gordon, R-East Kingston; Aboul Khan, R-Seabrook; Tamara Le, D-North Hampton; Mindi Messmer, D-Rye; Robert Nigrello, R-East Kingston

No: Debra Altschiller, D-Stratham; Philip Bean, R-Hampton; Skip Berrien, D-Exeter; Michael Cahill, D-Newmarket; Jacqueline Cali-Pitts, D-Portsmouth; Francis Chase, R-Seabrook; Charlotte DiLorenzo, D-Newmarket; Mike Edgar, D-Hampton; Betsey Farnham, D-Exeter; Paul Francese, D-Exeter; Julie Gilman, D-Exeter; Jason Janvrin, R-Seabrook; Patricia Lovejoy, D-Stratham; Dennis Malloy, D-Greenland; Henry Marsh, R-North Hampton; Rebecca McBeath, D-Portsmouth; Kate Murray, D-New Castle; Laura Pantelakos, D-Portsmouth; Ellen Read, D-Newmarket; Peter Somssich, D-Portsmouth; Gerald Ward, D-Portsmouth

Not voting: Pamela Gordon, D-Portsmouth, Rio Tilton, R-Seabrook, not excused

Foster's Daily Democrat area legislators

Yes: Steven Beaudoin, R-Rochester; Roger Berube, D-Somersworth; Robert Graham, R-Milton; Thomas Kaczynski, R-Rochester; Jody McNally, R-Rochester; John Mullen, R-Middleton; Dale Sprague, D-Somersworth; Brian Stone, R-Northwood; Peter Varney, R-Alton;

No: Lino Avellani, R-Sanbornville; Wayne Burton, D-Durham; Ed Comeau, R-Brookfield; Casey Conley, D-Dover; Allen Cook, R-Brentwood; Donna Ellis, D-Rochester; Timothy Fontneau, D-Rochester; Amanda Gourgue, D-Lee; Chuck Grassie, D-Rochester; Michael Harrington, R-Strafford; Timothy Horrigan, D-Durham; Sandra Keans, D-Rochester; Hamilton Krans, D-Dover; William Marsh, R-Wolfeboro; Bill Nelson, R-Brookfield; Brandon Phinney, L-Rochester; Joseph Pitre, R-Farmington; Jeffrey Salloway, D-Lee; Catt Sandler, D-Dover; Peter Schmidt, D-Dover; Matthew Scruton, R-Rochester; Marjorie Smith, D-Durham; Thomas Southworth, D-Dover; Judith Spang, D-Durham; Susan Treleaven, D-Dover; Kenneth Vincent, D-Somersworth; Janet Wall, D-Madbury; Scott Wallace, R-Danville; Kurt Wuelper, R-Strafford

Not voting: Jacalyn Cilley, D-Barrington; James Horgan, R-Farmington; Raymond Howard, R-Alton; Linn Opderbecke, D-Dover; Leonard Turcotte, R-Barrington, excused; Peter Bixby, D-Dover; Sherry Frost, D-Dover, not excused

The legislation has died and the matter likely will not be resolved until the next legislative session, which begins in December. Resolution could be reached before the March 2019 town meetings with discussion going on in the interim.

Absentee voting changes

SB 527, "relative to absentee voting and relative to the statewide centralized voter registration database," is sponsored by Sen. Gray of Rochester and several other legislators. After initial passage in the House, the Senate disagreed with a House amendment and requested that a conference committee be created with members of both chambers to work out final agreement.

The committee reported, "This bill establishes additional procedures for verification of absentee voters and their ballots. The House version clarified the procedures relating to the signature matching requirements of absentee ballots. The House version also added a provision to obtain absentee ballots the day before an election when the National Weather Service has issued a storm or blizzard weather warning that election day. Finally, the House version (added by floor amendment) included a provision clarifying that certain voter data is to be kept confidential. The bill itself was originally drafted in light of litigation concerning absentee ballots, and those provisions were adopted with the agreement of the ACLU, who represents the parties in related pending litigation."

The House approved the conference committee compromise 182 to 159. "Yes" supported passage, "no" opposed:

Herald area legislators

Yes: Abrami, Bean, Chase, Emerick, Richard Gordon, Janvrin, Khan, Henry Marsh, Nigrello

No: Altschiller, Berrien, Cahill, Cali-Pitts, Cushing, DiLorenzo, Edgar, Farnham, Francese, Gilman, Le, Lovejoy, Malloy, McBeath, Messmer, Murray, Pantelakos, Read, Somssich, Ward

Not voting: Pamela Gordon, Tilton, not excused

Foster's area legislators

Yes: Avellani, Comeau, Cook, Graham, Harrington, Kaczynski, William Marsh, McNally, Mullen, Nelson, Phinney, Pitre, Scruton, Stone, Varney, Wallace, Woitkun

No: Berube, Burton, Conley, Ellis, Fontneau, Gourgue, Grassie, Horrigan, Keans, Krans, Salloway, Sandler, Schmidt, Smith, Southworth, Spang, Treleaven, Vincent, Wall, Wuelper

Not voting: Cilley, Horgan, Howard, Opderbecke, Turcotte, excused; Beaudoin, Bixby, Frost, Sprague, not excused

One Democrat and one Libertarian joined 180 Republicans in approving final passage, while six Republicans and 153 Democrats voted opposed.

The Senate voted 14 to 9 for final passage, with Sens. Jeb Bradley, R-Wolfeboro; William Gannon, R-Sandown; James Gray, R-Rochester; Daniel Innis, R-New Castle; and John Reagan, R-Deerfield, in favor, and Sen. David Watters, D-Dover, opposed. Sen. Martha Fuller Clark, D-Portsmouth, was excused for the vote. Of those in attendance, all Senate Republicans voted for passage, with all Democrats opposed.

The bill will go to Gov. Chris Sununu for his signature.

Prescription coverage for contraceptives

SB 421, "relative to insurance coverage for prescription contraceptives," is sponsored by Sens. Bradley and Innis, and Rep. William Marsh of Wolfeboro. It clarifies insurance coverage for prescription contraceptive drugs and contraceptive devices, and for contraceptive services.

In March, the Senate passed the bill 22 to 1, with Bradley, Fuller Clark, Gannon, Gray, Innis, Reagan and Watters in favor. When it went to the House, the Commerce and Consumer Affairs Committee voted 14 to 3 recommending passage, with an amendment.

The committee reported, "This bill is a result of a study commission that met several times over the Summer/Fall of 2017 and with unanimous support recommended improving access to contraception to prevent unplanned pregnancies. This bill specifically deals with insurance coverage and does not interfere with the doctor/patient relationship in any way. It allows for a 12-month prescription for FDA-approved oral contraceptives and for contraceptive devices. The committee amendment clarifies the intent and allows for generic substitution when acceptable."

Urging the bill be killed, the minority wrote, "We felt it was unfair to impose this kind of mandate on an industry (even one that may engender little sympathy from many) without actively seeking their input until the eleventh hour. Moreover, the minority believes that it is unfair, and constitutionally questionable, for the Granite State to mandate a special carve out of free coverage for certain medications and services for one group, while those who may be receiving medication or treatment for other (and in many cases life-threatening) conditions, such as diabetes, high blood pressure, and heart conditions, for example, still will be expected to make their co-payments."

The House approved passage 219 to 111. "Yes" supported the bill, "no" opposed:

Herald area legislators

Yes: Abrami, Altschiller, Berrien, Cahill, Cali-Pitts, Cushing, DiLorenzo, Edgar, Emerick, Farnham, Francese, Gilman, Pamela Gordon, Le, Lovejoy, Malloy, McBeath, Messmer, Murray, Nigrello, Pantelakos, Read, Somssich, Ward

No: Richard Gordon, Khan, Henry Marsh

Not voting: Bean, Chase, excused; Janvrin, Tilton, not excused

Foster's area legislators

Yes: Bixby, Burton, Cilley, Ellis, Fontneau, Frost, Gourgue, Grassie, Horgan, Horrigan, Keans, Krans, William Marsh, Opderbecke, Sandler, Schmidt, Scruton, Smith, Southworth, Spang, Sprague, Vincent, Wall

No: Avellani, Comeau, Graham, Harrington, Kaczynski, McNally, Mullen, Nelson, Pitre, Turcotte, Wallace, Wuelper

Not voting: Beaudoin, Conley, Howard, Phinney, Stone, Varney, Woitkun, excused; Berube, Cook, Salloway, Treleaven, not excused

Sixty-six Republicans voted with 153 Democrats for passage, while one Democrat and 110 Republicans opposed. The bill has been sent to Gov. Sununu for his signature.

Allowing cultivation of cannabis

House Bill 1476, "permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use," is sponsored by Reps. Cushing, Bean, Gordon and Read, along with Sens. Fuller Clark and Reagan. It proposes to set up guidelines that would permit qualifying patients and caregivers to cultivate cannabis for therapeutic use.

The bill had passed the House in March after the Health, Human Services and Elderly Affairs committee voted 13 to 8 recommending approval. The committee reported, "There is increasing evidence that cannabis is helpful in treating chronic pain, and therefore cannabis may help mitigate the opioid epidemic facing this state and our nation. Since cannabis can be a valuable component of a person’s treatment plan, access and affordability should not be a roadblock to good care. Allowing cultivation addresses the access and affordability issues. Safeguards are in place to mitigate inappropriate distribution."

After a public hearing and debate, the Senate voted 16 to 8 to further study the bill rather than pass it. Voting for further study were Bradley, Gannon, Gray and Watters. Opposed and favoring more immediate action were Fuller Clark, Innis and Reagan. The legislation could return in 2019.

Length of docks on a water body

SB 119, "relative to the length of docks on a water body and boat slips," was sponsored by Sens. Gannon and Reagan. This bill was introduced last year, and after initial Senate approval it was sent to the House which decided to study it for the balance of the year.

In January, the House Resources, Recreation and Development Committee voted 12 to 4 recommending approval, with an amendment. The committee reported, "This bill enabled extensions of temporary seasonal docks in response to the drought conditions of 2016. The amendment simplifies the language and deletes some of the regulatory definition differences on docks and boat slips that had been based on lake size."

The House voted 195 to 148 to approve the amended bill, but the Senate disagreed and requested a conference committee of members of each chamber to consider a compromise. That committee reported, "This bill was introduced in 2017 in response to docking difficulties caused by shallow waters in the drought of 2016.

In the meantime, the annual issues of low water late in the boating season remained and a simple solution was to allow the extension of temporary seasonal docks by ten feet under a "permit by notification: program. Language was added to bring boat lifts into the permit by notification program with the proviso that a lift would not create a new or additional boat slip."

The Senate voted 11 to 12 opposed to approving the compromise report, thus killing the legislation for this year. Voting in favor of accepting the compromise were Bradley and Gray. Opposed were Innis, Reagan, Gannon and Watters. Fuller Clark was excused from the vote.

Members of the public may present testimony in person, or by letter or email on any issue. To view video of legislative debate and action, or for a listing of bills, public hearing schedules, legislator contact information, and roll call votes, visit NH.gov.