2022 NHMA Legislative Bulletin 01

LEGISLATIVE BULLETIN

Welcome to the 2022 Legislative Bulletin!

As required by the New Hampshire Constitution, the House and Senate will both convene on the Wednesday following the first Tuesday in January, which in 2022 is January 5. As of this writing, over 500 bills (mostly House bills) have been released for the new legislative session, with a few hundred more to come. We anticipate that committee hearings will begin the week of January 10. 

This first issue of the Legislative Bulletin contains a partial list of the bills of municipal interest that have been released so far (in the interest of space, we have cut off the list at HB 1497—more will follow in the next issue) and a preview of some of the big issues we anticipate in 2022. Regular Friday publication of the Legislative Bulletin will begin on January 7 and continue through the end of the legislative session. We will post the Bulletin on the NHMA website every Friday afternoon and send an email to our subscribers as soon as it is available. Our experience over the past two years has been that paper copies of the bulletin are arriving in mailboxes later and later, so we are strongly encouraging everyone to subscribe to the electronic version. 

For a complete list of all bills that have been released so far, go to the legislature’s newly redesigned website’s LSR Search. There are options to see all bill requests, including withdrawn LSRs, as well as search functions that make it easy to find bills sponsored by particular members of the legislature or with specific titles. 

The main legislative website is an excellent resource for other information as well. It provides easy and quick access to information about committees, bills, session days, and hearings.  Most of the most useful information will be found in the House Calendar and the Senate Calendar, and these are updated at the end of every week and contain important information about what is about to occur in both of these chambers. 

As always, if you have any questions, please do not hesitate to contact the Government Affairs staff at governmentaffairs@nhmunicipal.org or 603-224-7447.

Retained and Re-Referred Bills

As always in the second year of a legislative term, there are a number of bills held over from last year, either “retained” in the House or “re-referred” in the Senate. The process is the same in either case:  in the body that held onto the bill, the responsible committee was required to meet and make a recommendation on the bill by late fall. The bill then goes to the House or Senate floor with that recommendation at the beginning of January. 

This means the House and Senate will be acting on many retained and re-referred bills on January 5 - 6 (and, possibly, January 7, at least in the House). If the House passes a retained House bill, the bill will then go to the Senate for hearing later in the 2022 session. If the House passes a retained Senate bill, at that point it will have passed both chambers, so there will be no further hearing. It will simply go back to the Senate to concur or request a committee of conference. The same process applies to bills re-referred in the Senate. In short, if you are interested in a retained or re-referred bill and want to get your comments to legislators, you need to act before January 5, because that may be your last chance for input.

Masks, Vaccines, and Local Authority Take Center Stage

We don’t need to tell anyone that Covid-19 has become a political hot topic with the controversies surrounding Covid-19 getting as much – if not more – news coverage than updates about case counts and hospital bed availability. Unsurprisingly, this controversy has spilled over into the New Hampshire legislature. While many of the bills have focused on schools and the Department of Health and Human Services (DHHS), there are some 28 bills pending relating to vaccines/vaccinations, another 3 related to masks, and at least one, HB 1272, related to local health officers. It would not surprise us at all if amendments were offered relative to municipal authority on any of these numerous bills. As such, we’re keeping a close eye on the controversy and bills like HB 1272, which seek to limit local authority.

Fluoride Again Makes a Splash

In a vote that is less surprising than it might have been in previous years, the House Resources, Recreation and Development Committee voted 12-9, Ought to Pass with Amendment, on retained HB 611, which would prohibit the introduction of fluoride into any public water system in the state. The bill will be going to the House floor on either January 5 or 6. 

Bills to ban fluoride have become a perennial exercise in the legislature, and they are always defeated overwhelmingly. Clearly that will not be the case this year, and we encourage our members to contact their representatives to ask them to vote against HB 611

From 2011 through 2017, four bills to prohibit or limit the use of fluoride were introduced in the House. All were voted Inexpedient to Legislate in committee, by successive votes of 16-0, 16-0, 16-2, and 19-1, and all were killed by voice votes in the House, for good reason. The Centers for Disease Control recommends fluoride in drinking water as the safest, most cost-effective method of preventing tooth decay and overall improvement in oral health. This recommendation is supported by reviews of the latest scientific assessments by the United States Department of Health and Human Services and the Environmental Protection Agency. Apart from enabling municipalities to protect the health of their residents, it helps to reduce municipal welfare budgets. According to the American Dental Association, every dollar invested in water fluoridation saves $38 in dental treatment costs. 

Importantly, the decision to introduce fluoride to a water supply is made with the consent of the public. Under existing law, fluoride may be added to public water supplies only if it is approved by a public referendum—the purest form of local, citizen control. We cannot imagine why state legislators would want to prohibit municipalities from protecting public health with the consent of the public. 

About 350,000 New Hampshire residents are on public water supplies with fluoride, as are over 210 million people nationwide. This bill would adversely affect residents of Bedford, Belmont, Concord, Derry, Dover, Durham, Goffstown, Greenland, Hanover, Hooksett, Laconia, Lancaster, Lebanon, Londonderry, Manchester, Madbury, New Castle, Newington, Portsmouth, and Rochester. 

As mentioned, HB 611 will be on the calendar for the first or second day of the House session, on Wednesday, January 5, or Thursday, January 6. Please ask your representatives to vote down the committee recommendation of Ought to Pass and support a subsequent motion of Inexpedient to Legislate.

House Remembers Forgotten Wastewater Projects

On January 5 or 6, the House will also vote on HB 398 and HB 412, retained bills funding qualifying water and wastewater projects. Importantly, HB 398 will fund the 11 forgotten wastewater projects that qualified for state funding in the current biennium but were not funded due to the pandemic budget freeze. 

Unfortunately, because these projects were completed prior to March 3, 2020, they are not eligible for federal funding under the American Rescue Plan (ARPA), leaving Hooksett, Dover, Concord, Nashua, Exeter, Newport, Littleton, and Salem scrambling to fund these projects entirely locally, rather than being able to rely on the state’s promise to provide funding for these qualifying projects.  HB 398 will remedy this problem by providing funding for these qualifying projects as well as providing funding for 110 additional qualifying projects that DES has identified across the state as eligible for state funding. NHMA strongly supports the committee recommendation of Ought to Pass for both HB 398 and HB 412. 

Please contact your representatives – particularly if you are in an affected community – and ask them to support the committee recommendation of Ought to Pass on HB 398 and HB 412 when these bills are brought before the House on January 5 or 6.

Short-Term Rentals Allowed Everywhere

One of the major issues this term will be the fight over short-term rentals. SB 249, a bipartisan bill with significant support in the Senate, would prohibit local zoning ordinances from prohibiting or even regulating short-term rentals. As many of our members in vacation hotspots can attest, the proliferation of short-term rentals has caused significant problems including stymying business due to lack of long-term housing for employees, contributing to the shortage of affordable housing, creating noise-and-party issues which occupy significant police time, and reducing year-round town populations, leaving fewer people available to take up the mantel of volunteer civic service in local government. When the COVID pandemic hit in the spring of 2020, several New Hampshire towns were overrun by people fleeing Boston and New York and taking up residence in short-term rentals, potentially contributing to greater community spread. This bill would inhibit towns’ ability to prevent such invasions, in addition to the numerous other problems caused by short-term rentals. 

SB 249 will first be heard in the Senate Commerce Committee before a vote is taken in the full Senate. Please contact your senator – particularly if your senator serves on the Commerce Committee – and ask him or her to vote to recommend SB 249 as Inexpedient to Legislate.

Other Issues Too Numerous to Count

While Covid-19 seems poised to take up most of the news-media’s time, there will be plenty of other matters for municipal officials to contemplate in 2022. For example: 

  • HB 1033 would prohibit recipients of state or local grants or appropriations from using such funds for lobbying. In short, it is intended to significantly encumber the ability of local officials to engage in the legislative process.
  • HB 1073 would repeal the exemption added into the Right-to-Know Law last year protecting attorney-client privileged and attorney-work product information from public disclosure. As this exemption ensures that municipalities – and other public entities – can rely on having the same relationship with their attorney as any other organization, we are hopeful that this bill will also be killed.
  • HB 1494 would exempt phone and cable companies from paying property taxes on their use of public rights-of-way. That would be a significant hit to the municipal tax base and cause an immediate need to increase property taxes paid by residents in order to maintain municipal services.
  • HB 1064, among other things, would prohibit the use of electronic ballot-counting devices. In other words, all ballots would have to be hand-counted! In large and even medium-size municipalities, this would leave sleep-deprived election officials counting votes all night and into the next day, after having arrived at the polls at 6:00 a.m. or earlier. 

Local officials need to educate their legislators about the impact that these – and other – bills would have on the ability of municipalities to respond to the needs of their citizens and provide them with the kinds of services that they expect. 

Along with the litany of bad bills spanning nearly every corner of municipal governance, there are also quite a few bills that we’re not sure about, yet, and even a few that we like! We will provide information on as many of these as possible in the coming weeks and months.

New House Bills

HB 1000 prohibits law enforcement agencies from engaging in motorcycle profiling. Rep. Steven Smith of Charlestown; TRANS-H. 

HB 1007 clarifies certain qualifications of elected officials. Rep. Marsh of Brookfield; LEGIS ADMIN

HB 1008 establishes a commission to study the structure and election calendar of New Hampshire municipal government. Rep. Sweeney of Salem; EL. 

HB 1009 adds the date a voter registers to the list of information required to be maintained in the checklist. Rep. Sweeney of Salem; EL. 

HB 1014 allows a public body to meet without a physical location and establishes public access requirements for such a meeting. Rep. Simpson of Exeter; JUD-H. 

HB 1020 permits certain lights to be affixed to police and fire vehicles owned or leased by the state, a county, or a municipality. Rep. Trottier of Belmont; JUD-H. 

HB 1021 prohibits a local zoning ordinance or site plan review regulation from restricting the use of land or structures for religious purposes. Rep. Wuelper of Strafford; JUD-H. 

HB 1024 allows a municipality to reduce the speed limit in a business or urban residence districts to not less than 10 miles per hour. Rep. Lang of Sanbornton; TRANS-H. 

HB 1025-FN makes it a misdemeanor to impede, provoke, or harass a law enforcement officer. Rep. Baldasaro of Londonderry; CJ&PS. 

HB 1026 provides that a municipal budget committee may require that the governing body provide budget recommendations in full line-item detail in active spreadsheet format. Rep. Piemonte of Sandown; M&CG. 

HB 1029 provides that the city council of Claremont may remove a commissioner from the police commission. Rep. O’Hearne of Claremont; M&CG. 

HB 1031 prohibits law enforcement agencies from encrypting public frequencies, subject to exceptions. Rep. Laughton of Nashua; CJ&PS. 

HB 1033-FN-L prohibits the recipient of a grant or appropriation of county, municipal, school district, or village district funds from using such funds to engage in lobbying activities. Rep. Cordelli of Tuftonboro; LEGIS ADMIN. 

HB 1034 modifies the definition of an employee or official of a governmental unit for purposes of the liability of a governmental unit for bodily injury. Rep. B. Boyd of Merrimack; JUD-H. 

HB 1036 requires a public body to notify an employee who has a right to a meeting regarding dismissal, promotion, or compensation before discussing the matter in nonpublic session. Rep. Wuelper of Strafford; JUD-H. 

HB 1040 establishes a commission to study revenue alternatives to the road toll for the funding of the state’s highways and bridges and resulting improvements to the environment. Rep. Major of Plaistow; PW. 

HB 1049 establishes a committee to study the siting criteria for new landfills and to study solid waste policies in Northeastern states as models for methods to reduce pressure on landfill capacity. Rep. Aron of Acworth; E&A. 

HB 1053 requires an employer to pay an hourly rate of time and a half for hours worked by an employee who is called in to work hours not previously scheduled.  Rep. Adjutant of Bridgewater; LABOR. 

HB 1055 increases the income and asset eligibility criteria for the property tax exemptions for disabled persons and for deaf or severely hearing-impaired persons and reduces the residency requirement for each from 5 years to 1 year.  Rep. Deshaies of Wolfeboro; M&CG. 

HB 1056 increases the amounts of the standard and optional veterans’ property tax credits and removes the requirement that the veteran have at least 90 days of active-duty service.  Rep. Deshaies of Wolfeboro; M&CG. 

HB 1057 increases the income eligibility criteria for the elderly property tax exemption, reduces the residency requirement from 3 years to 1 year, lowers the ages for eligibility, and permits municipalities to phase in the revised eligibility criteria over a 3-year period. Rep. Deshaies of Wolfeboro; M&CG. 

HB 1064-FN requires that ballots at all elections be counted and tallied by hand, without the use of electronic ballot-counting devices. Rep. Alliegro of Campton; EL. 

HB 1068 requires all municipalities with zoning ordinances to allow “tiny houses” in all districts that permit single-family dwellings and to allow tiny house parks of four or more units Rep. Testerman of Franklin; M&CG. 

HB 1069 allows village districts located within Belknap County to elect 5 commissioners rather than 3 by a majority vote of the legal voters present and voting at an annual meeting. Rep. Silber of Gilford; M&CG. 

HB 1070 requires the default budget in an official ballot referendum (SB 2) town or district to be reduced by an amount equal to any reduction to an appropriation in the proposed operating budget. Rep. Boehm of Litchfield; M&CG. 

HB 1073 repeals the exemption from disclosure under the right-to-know law for records protected under the attorney-client privilege and the attorney work product doctrine. Rep. Wuelper of Strafford; JUD-H. 

HB 1079-FN increases the number of hours a retiree may work for a retirement system employer and eliminates the initial 28-day restriction on such part-time employment after retiring. Rep. Trottier of Belmont; ED&A-H. 

HB 1081 allows for the dissolution of a village district by a simple majority vote at an annual district meeting. Rep. J. Smith of Ossipee; M&CG. 

HB 1087 prohibits a local zoning ordinance from requiring a lot size more than 10,000 square feet for single-family housing lots that are serviced by municipal or community water and sewer infrastructure. Rep. Yokela of Fremont; M&CG. 

HB 1088 establishes COVID-19 related workplace rights for employees. Rep. Horrigan of Durham; LABOR. 

HB 1090 repeals provisions of the law relating to the right to freedom from discrimination in public workplaces and education. Rep. DiLorenzo of Newmarket; EDUC-H. 

HB 1094 requires employers to schedule a rest period between certain employment shifts and provide employees with advance notice of the work schedule. Rep. Read of Newmarket; LABOR. 

HB 1096-FN prohibits the open carrying or display of a deadly weapon within 100 feet of a polling place on an election day. Rep. Meuse of Portsmouth; CJ&PS. 

HB 1098 prohibits zoning ordinances from requiring more than one parking space per occupied dwelling. Rep. Yokela of Fremont; M&CG. 

HB 1101 limits the conditions under which seized property may be transferred to a federal agency. Rep. Sylvia of Belmont; JUD-H. 

HB 1109 requires a vote of the local legislative body to allow OHRV use of class V and class VI roads. Rep. Renzullo of Hudson; RR&D. 

HB 1111 establishes a commission to study extended producer responsibility to help reduce the cost to municipalities for solid waste disposal. Rep. Parshall of Marlborough; E&A. 

HB 1119 allows towns to regulate the distribution of single use of paper and plastic bags. Rep. Klein-Knight of Manchester: M&CG. 

HB 1121 requires an applicant for a new solid waste landfill to provide proof of insurance and obtain a surety bond against all damages. Rep. Massimilla of Littleton; E&A. 

HB 1122 authorizes municipalities to collect and resell construction and demolition debris. Rep. Egan of Sugar Hill; M&CG. 

HB 1124 requires employers to verify employment eligibility through the federal E-Verify system. Rep. Baxter of Seabrook; LABOR. 

HB 1128 requires a city or town to bear the cost of repairs for damage to a class VI road caused by OHRV use. Rep. Renzullo of Hudson; RR&D. 

HB 1133 prohibits using the sale of residential property as a basis for a lease of the property for the duration of the lease term. Rep. Adjutant of Bridgewater; JUD-H. 

HB 1134 establishes a commission to study proper labeling of disposable wipes and the effects on public wastewater infrastructure of improper disposal of wipes. Rep. Buco of Conway; E&A. 

HB 1136 requires a planning board’s site plan review regulations to list the studies required to render a decision. Rep. Yokela of Fremont; M&CG. 

HB 1143 requires an employer that implements a medical mandate as a condition of employment to submit the written policy to the state, and provide severance pay to any employee who is terminated as a result of opting out of the medical mandate. Rep. Alliegro of Campton; LABOR. 

HB 1147 states that school curricula, reading lists, and student survey dates and questions must be made available upon request under the right-to-know law. Rep. Dolan of Londonderry; JUD-H. 

HB 1148 prohibits a county or municipality from restricting the types or fuel sources of energy production which may be supplied to customers. Rep. Plett of Goffstown; ST&E. 

HB 1150 permits any New Hampshire resident who purchases a motor vehicle from another individual to display an existing valid New Hampshire license plate registered in their name for a period of 5 days from the date of sale. Rep. Berezhny of Grafton; TRANS-H. 

HB 1151 prohibits the open carry or display of a firearm at a parade, funeral procession, demonstration, or other similar event that takes place on public property. Rep. Meuse of Portsmouth; CJ&PS. 

HB 1153 clarifies that absentee ballots may not be mailed to absentee voters before an absentee ballot application has been received and approved. Rep. Torosian of Atkinson; EL. 

HB 1155 provides that a person elected to a local board who is also appointed to, serving on, or a liaison to another local board in the same jurisdiction shall be a nonvoting, ex officio member of the latter board. Rep. Torosian of Atkinson; M&CG. 

HB 1156-FN provides that a public employer that requires a candidate for employment to undergo a background check must furnish the candidate with a copy of the report used in making the employment decision. It also requires the employer to rely only on information in writing to determine suitability for employment and prohibits consideration of a candidate’s prior arrest if the candidate was acquitted or the conviction was annulled. Rep. Trottier of Belmont; LABOR. 

HB 1157 prohibits electronic ballot counting devices from being connected to the Internet. Rep. Torosian of Atkinson; EL. 

HB 1161-FN-L prohibits a local governing body member from having an interest in any business or transaction that is in substantial conflict with his or her duties and requires the member to abstain from any vote that may create a conflict. It also requires every local governing body to enact an ethics policy which members must sign and adhere to. Rep. Callum of Unity; M&CG. 

HB 1163 requires that ballots that contain more than the allowable number of votes for an office on the ballot be returned to the voter for possible correction before the ballot is counted and requires that the number of over voted ballots and the number of overvotes and undervotes be included in the return for each election. Rep. Porter of Hillsborough; EL. 

HB 1166 requires any undeclared voter who wishes to vote in a state party primary to declare a party affiliation at least 120 days prior to the primary and requires that any person seeking a nomination by primary be a member of the political party for at least 6 months prior to the primary election. Rep. Love of Derry; EL. 

HB 1167 establishes maximum contaminant levels for perfluorinated chemicals in surface water. Rep. B. Boyd of Merrimack; RR&D. 

HB 1172-FN requires towns to ensure that residents of public housing have access to a composting and waste recycling facility. Rep. Gallager of Concord; ST&E. 

HB 1174 permits election challengers to be within 6 feet of any table where ballots are hand counted and to maintain a line of sight on any electronic ballot counting device. Rep. Yakubovich of Hooksett; EL. 

HB 1175 allows a person to record interactions with public officials in public during the performance of their duties. Rep. Labranche of Amherst; CJ&PS. 

HB 1177 requires that local legislative bodies permit by right certain single-family lots in residential districts to be used for up to 4 residential units. Rep. Vann of Peterborough; M&CG. 

HB 1178 prohibits the state of New Hampshire, or any political subdivision from enforcing any federal law that is “inconsistent with any law of this state regarding the regulation of firearms, ammunition, magazines or the ammunition feeding devices, firearm components, firearms supplies, or knives.”  Rep. Burt of Goffstown; CJ&PS. 

HB 1179 provides that a zoning protest petition shall not apply to a zoning amendment that reduces dimensional requirements or increases allowed density of development. Rep. Yokela of Fremont; M&CG. 

HB 1183 establishes an education property tax credit for individuals over 75 years of age. Rep. Thompson of Stewartstown; M&CG. 

HB 1184 authorizes cities, counties, and village districts to establish revolving funds for certain purposes. Rep. Trottier of Belmont; M&CG. 

HB 1185 enables wastewater treatment plants to require providers of discharge to test such discharge for PFAS. Rep. Rung of Merrimack; RR&D. 

HB 1186 requires evacuation shelters to accept companion animals during a declared state of emergency. Rep. Gallager of Concord; E&A. 

HB 1188 establishes a commission to study OHRV use in the state and requires the commission to submit annual reports and proposed legislation. Rep. Suzanne Smith of Hebron; RR&D. 

HB 1189 allows a municipality or the state to establish a voluntary donations fund to be expended for certain local or state projects or to reduce amounts raised through taxation. Rep. Soti of Windham; W&M-H. 

HB 1194 requires a 3/5 majority vote, by written ballot, of a town meeting to approve any appropriation that would cause the amount of local taxes raised to exceed the town’s tax cap. Rep. Pauer of Brookline; M&CG. 

HB 1195 requires that all open meetings of public bodies have a period of at least 15 minutes designated for public comment. Rep. Dolan of Londonderry; JUD-H. 

HB 1203-FN modifies the definition of domicile for voting purposes, modifies forms and procedures used for voter registration, and removes the requirement that the secretary of state conduct post-election voter registration inquiries. Rep. Horrigan of Durham; EL. 

HB 1204-FN-A-L reduces the rate of the tax on meals, rooms, and gross rental receipts, and increases the percentage of meals and rooms tax revenues distributed to municipalities. Rep. Deshaies of Wolfeboro; W&M-H. 

HB 1207-FN requires an employer to grant an employee paid time off so the employee may vote. Rep. McGhee of Nashua; LABOR. 

HB 1210 prohibits an employer from requiring any medical treatment that has been approved by the Food and Drug Administration only for emergency or experimental use. Rep. Lang of Sanbornton; LABOR. 

HB 1213-FN makes the day of the state primary a legal holiday and requires that cities and towns be closed for business on all legal holidays, subject to exceptions. Rep. Read of Newmarket; ED&A-H. 

HB 1216-FN repeals the housing appeals board. Rep. B. Boyd of Merrimack; JUD-H. 

HB 1219 prevents planning boards from adopting certain parking requirements for religious institution-affiliated housing development projects. Rep. Gallager of Concord; M&CG. 

HB 1223 requires in-person attendance by an elected member of a budget committee or a school board except under extenuating circumstances, and provides for a vacancy if an elected member fails to attend 2 or more meetings or 25 percent of such meetings annually. Rep. Notter of Merrimack; M&CG. 

HB 1224-FN prohibits state or local government agencies from requiring masks or other facial coverings in response to COVID-19 or other infectious disease, issuing immunity passports or similar standardized documentation of COVID-19 vaccination status, or discriminating on the basis of COVID-19 vaccination status.  Rep. Baldasaro of Londonderry; HHS&EA. 

HB 1225 prohibits the use of surveillance to determine the location of a motor vehicle or the identity or location of a pedestrian. Rep. Erf of Weare; JUD-H. 

HB 1227 further defines prime wetland for local protection in fill and dredge permits. Rep. Grassie of Rochester; RR&D. 

HB 1231-FN provides for penalties against workers’ compensation insurance carriers or self-insured entities which make late benefit payments to injured workers. Rep. Abramson of Seabrook; LABOR. 

HB 1238 prohibits local proscriptions on workforce housing. Rep. Vose of Epping; M&CG. 

HB 1242 provides that the local charter commission election ballot shall be available at least 45 days prior to a state primary election where both elections are scheduled to occur on the same date. Rep. Bergeron of Nashua; EL. 

HB 1247 requires that in any political subdivision that uses electronic ballot counting machines, any ballot that has been folded be held for hand counting after the close of the polls. Rep. Moffett of Loudon; EL. 

HB 1248 requires certain customer-generators to provide replacement power when they cannot meet their grid-export obligations. Rep. White of Pembroke; ST&E. 

HB 1251 prohibits the payment of subminimum wages to an employee. Rep. Altschiller of Stratham; LABOR. 

HB 1254 makes various changes to the housing appeals board. Rep. Homola of Hollis; JUD-H. 

HB 1257-FN requires the retirement system investment committee to sell, redeem, divest, or withdraw from investments in securities of companies that have direct holdings in active business operations located in China. Rep. Hopper of Weare; ED&A-H. 

HB 1258 makes various changes to amend the powers and duties of the public utilities commission and the department of energy. Rep. Harrington of Strafford; ST&E. 

HB 1259 provides for the replacement of elected budget committee members and school board members following a resignation of a member. Rep. Notter of Merrimack; M&CG. 

HB 1260 makes immunization status a protected class under the state’s anti-discrimination statute. Rep. Harvey-Bolia of Tilton; JUD-H. 

HB 1264 establishes procedures for ranked-choice voting for which state parties and municipalities may opt in. Rep. Read of Newmarket; EL. 

HB 1266 prohibits state, county, municipal, or judicial officials from adopting or enforcing policies restricting enforcement of federal immigration laws. Rep. Piemonte of Sandown; CJ&PS. 

HB 1267 prohibits selectmen from granting licenses to use streets and sidewalks for street fairs or other community events unless authorized by a vote of the town meeting. Rep. Yokela of Fremont; M&CG. 

HB 1268 eliminates the authority of city councils to make bylaws and ordinances for the well-being of the city. Rep. Harvey-Bolia of Tilton; M&CG. 

HB 1272 limits the authority of local health officers in making bylaws or ordinances relating to public health matters. Rep. Harvey-Bolia of Tilton; M&CG. 

HB 1273 among other things, prohibits, with limited exceptions, government agencies from using proprietary software in interactions with the public and prohibits state and local law enforcement from participating in the enforcement of copyright claims against free and open-source software projects.  Rep. Gallager of Concord; ED&A-H. 

HB 1275 modifies the municipal representation on regional planning commissions. Rep. Wilhelm of Manchester; M&CG. 

HB 1277 defines “cybersecurity incident” and requires that political subdivisions report such incidents to the department of information technology. Rep. Somssich of Portsmouth; M&CG. 

HB 1282 prohibits a communications common carrier from releasing customer information to a government entity unless requested pursuant to a valid search warrant or an exception to the warrant requirement. Rep. Yokela of Fremont; CJ&PS. 

HB 1289 provides that good cause for a tax abatement under RSA 76:16 shall include allowed recreational use of OHRVs on class 5 and class 6 roads. Rep. Renzullo of Hudson; M&CG. 

HB 1293 repeals the exemption allowing any person who desires to submit plans and specifications for a sewage or waste disposal system for the person’s own domicile to do so without a permit. Rep. McConkey of Freedom; M&CG. 

HB 1296-FN limits the scope of money, coin, currency, and other property which is presumed to be subject to forfeiture under the controlled drug act. Rep. Sylvia of Belmont; CJ&PS. 

HB 1300-FN-A makes an appropriation to fund the Ash Landfill in Newport. Rep. Rollins of Newport; F-H. 

HB 1302-FN limits law enforcement’s authority to stop and weigh any vehicle to commercial vehicles only. Rep. Steven Smith of Charlestown; TRANS-H. 

HB 1307 limits the jurisdiction of the housing appeals board to appeals from decisions of local land use boards on applications for development of housing. Rep. B. Griffin of Goffstown; M&CG. 

HB 1312 provides that department of environmental services rules regarding grease traps or other plumbing components shall be no more restrictive than the International Plumbing Code, as adopted in the state building code. Rep. Aron of Acworth; ED&A-H. 

HB 1315 immunizes a sports official from civil liability for an act that may cause damage or injury, subject to exceptions. Rep. Mooney of Merrimack; JUD-H. 

HB 1318 establishes a penalty for noncompliance with certain requirements for administration of the retirement system applicable to retirement system employers.  Rep. Schuett of Pembroke; ED&A-H. 

HB 1322 states that the right-to-know law does not prohibit governmental agencies and departments from sharing personnel records with one another for the purposes of hiring. It does not change existing law. Rep. Hough of Laconia; JUD-H. 

HB 1328-FN allows a telephone utility to be relieved of its carrier of last resort obligations under certain conditions. Rep. Harrington of Strafford; ST&E. 

HB 1338 establishes a committee to study imposing a tax on manufacturers based on the cost to dispose of single use products and product packaging materials. Rep. Read of Newmarket; W&M-H. 

HB 1339 changes how the Winnipesaukee River basin control replacement fund is capitalized. Rep. Johnson of Laconia; RR&D. 

HB 1342 clarifies the interpretation of override provisions for tax or spending caps in certain town and city charters. Rep. Vail of Nashua; M&CG. 

HB 1350 allows residents to petition the local governing body to conduct a full revaluation of property for property tax purposes. Rep. Berry of Manchester; M&CG. 

HB 1351 prohibits an employer that receives public funds from requiring an employee to receive the COVID-19 vaccination as a condition of employment. Rep. Silber of Gilford; LABOR. 

HB 1352-FN provides that an adverse reaction to an employer-mandated COVID-19 vaccination shall be deemed to be an occupational disease for the purpose of determining eligibility for workers’ compensation. Rep. Hough of Laconia; LABOR. 

HB 1358 requires any public or private employer in the state to allow an employee an exemption from intrusive testing requirements. Rep. Foster of New Boston; LABOR. 

HB 1359 prohibits any election official, other than the clerk, from performing any election duties on election day when the official appears on the ballot for any position, and requires such officials to remain outside the polling place except when voting. Rep. Rhodes of Winchester; EL. 

HB 1365 allows municipalities to adopt a requirement for separate tax rates for residential and non-residential property. Rep. Abramson of Seabrook; M&CG. 

HB 1374 requires that all voting members of local land use boards shall be residents of the municipalities in which they serve. Rep. Somssich of Portsmouth; M&CG. 

HB 1375 amends the definition of “veteran” to include any discharge under honorable conditions and amends references to “honorable discharge” to align with this definition. Rep. Roy of Deerfield; M&CG. 

HB 1377 establishes rights for employees for noncompliance with an employer-required vaccination mandate. Rep. Comtois of Barnstead; LABOR. 

HB 1383 requires that absentee ballot lists be provided to requesting parties within one business day. Rep. Berry of Manchester; EL. 

HB 1385 prohibits an employer from using an employee’s or prospective employee’s credit history as a criterion for making certain employment decisions. Rep. Read of Newmarket; LABOR. 

HB 1387 enables municipalities to adopt a property tax homestead exemption against the assessment on a person’s principal place of residence. Rep. Read of Newmarket; M&CG. 

HB 1389-FN authorizes the supreme court to establish a land use review docket in the superior court. Rep. Lynn of Windham; JUD-H. 

HB 1403 establishes a commission to set and adjust the minimum hourly rate for all employees in New Hampshire. Rep. Labranche of Amherst; LABOR. 

HB 1406 allows municipalities to collect compostable materials at transfer stations or have a contract with a solid waste disposal facility to collect compostable materials. Rep. Egan of Sugar Hill; M&CG. 

HB 1407-FN includes the promotion of affordable housing under the land and community heritage investment program and requires an annual transfer from the real estate transfer tax revenue to the land and community heritage investment program trust fund. Rep. Klein-Knight of Manchester; W&M-H. 

HB 1412 provides that any person may cultivate vegetable gardens on his or her own property, or on the private property of another with the permission of the owner. Rep. Foster of New Boston; E&A. 

HB 1415 requires an employer to bear financial responsibility for employer-required health screenings. Rep. Lanzara of Nashua; LABOR. 

HB 1417-FN-L provides that the state shall pay 7.5 percent of contributions of retirement system employers other than the state for group I teachers and group II members. Rep. Cushing of Hampton; ED&A-H. NHMA Policy. 

HB 1419-A establishes a civilian climate corps advisory commission. Rep. Wilhelm of Manchester; ST&E.

 HB 1420-FN prohibits the issuance of new landfill permits until the state’s solid waste plan is updated. Rep. Massimilla of Littleton; E&A. 

HB 1430-FN-A repeals the application of the meals and rooms tax to the rentals of motor vehicles, and the distribution of the revenues from the motor vehicles rental tax to the education trust fund. Rep. Hunt of Rindge; W&M-H. 

HB 1432 prohibits the department of transportation from using state funds for the planning, construction, operation, or management of new passenger rail projects. Rep. Ankarberg of Rochester; PW. 

HB 1437-FN provides for the registration of antique farm tractors by the division of motor vehicles. Rep. S. Pearson of Derry; TRANS-H. 

HB 1440 requires the department of environmental services to adopt standards for perfluorinated chemical limits in surface waters and dictates what the standards will be. Rep. Cushing of Hampton; RR&D. 

HB 1442-FN requires that voter checklist information be made available in multiple languages. Rep. Espitia of Nashua; EL. 

HB 1445-FN requires certain law enforcement vehicles to display the agency name, law enforcement license plates, and emergency lights when being used for a valid law enforcement function. Rep. Trottier of Belmont; TRANS-H. 

HB 1450-FN includes agricultural resources under the land and community heritage investment program and requires an annual transfer from the real estate transfer tax revenue to the land and community heritage investment program trust fund. Rep. Caplan of Henniker; W&M-H. 

HB 1454-FN prohibits the siting of landfills within a certain distance from groundwater sources. Rep. Tucker of Randolph; E&A. 

HB 1455 prohibits the state and municipalities from enforcing any federal law, order, or rule that requires an individual, as a condition of employment or any other activity, to provide proof of vaccination against COVID-19 or to submit more than once per month to COVID-19 testing. Rep. Packard of Londonderry; HHS&EA. 

HB 1457-FN requires that ballots be sent to the secretary of state’s office for storage after an election, instead of being retained at the town or city hall. Rep. Yakubovich of Hooksett EL. 

HB 1459-FN establishes a program and fund for the recycling of photovoltaic solar panels. Rep. Plett of Goffstown; ST&E. 

HB 1470-FN requires that all ballot counting devices show the number of overvotes for each race on the ballot. Rep. Moffett of Loudon; EL. 

HB 1472 prohibits an employer from engaging in anti-union activities. Rep. Labranche of Amherst; LABOR. 

HB 1473-FN requires a third-party forensic audit of the November 3, 2020 election results for president, governor, and senate races in Merrimack County. Rep. Abrami of Stratham; EL. 

HB 1481 repeals the statute pertaining to medical freedom in immunizations. Rep. Horrigan of Durham; HHS&EA. 

HB 1482-FN establishes procedures for ranked-choice voting for federal and state offices. Rep. Read of Newmarket; EL. 

HB 1484-FN requires a forensic audit of the 2020 general election and establishes a fund to cover the costs of conducting such an audit. Rep. Baxter of Seabrook; EL. 

HB 1485-FN provides a procedure for the direct recall of any local elected official serving a 3-year term. Rep. Sweeney of Salem; EL. 

HB 1490-FN provides that an individual shall not be denied access to places of public accommodation based on vaccination status or the decision not to use a medical device. Rep. Comtois of Barnstead; JUD-H. 

HB 1491-FN-L requires local land use boards to notify the operator of a natural gas transmission pipeline prior to approving an application for a development project that is within 1,000 feet of the pipeline. Rep. Alexander Jr. of Goffstown; ST&E. 

HB 1494 exempts telecommunication and cable companies from the payment of property taxes for the use of government-owned property. Rep. Vose of Epping; W&M-H. 

HB 1495-FN prohibits the state, its political subdivisions, and government contractors from requiring employees to receive vaccines or discriminating based on vaccination status. Rep. Lanzara of Nashua; HHS&EA. 

HB 1496-FN requires supervisors of the checklist to send an electronic copy of the checklist in spreadsheet form to the secretary of state and requires the secretary of state to make checklists available to any resident of New Hampshire in spreadsheet form at no cost. Rep. Love of Derry; EL. 

HB 1497-FN allows a member of the retirement system to elect a survivorship optional allowance upon joining the retirement system. Rep. Lanzara of Nashua; ED&A-H.

NHMA Upcoming Events

Jan. 4

Webinar:  2022 Legislative Preview: Raise Your Hometown Voices - 12:00 – 1:00

Jan. 8

Town & School Moderator SB2 Workshop (Hybrid) - 9:00 – 1:30

Jan 19

Webinar:  The Dos and Don’ts of Electioneering - 12:00 – 1:00

Jan 27

Right-to-Know for Law Enforcement Workshop (Hybrid) - 9:00 – 12:00

Please visit www.nhmunicipal.org for the most up-to-date information regarding our upcoming virtual events. Click on the Events and Training tab to view the calendar. 

For more information, please call NHMA’s Workshop registration line: (603) 230-3350.

2022 NHMA Legislative Bulletin 01

December 16, 2021

GOVERNMENT AFFAIRS CONTACT INFORMATION

Margaret M.L Byrnes
Executive Director

Cordell A. Johnston
Government Affairs Counsel

Katherine Heck
Government Finance Advisor

Natch Greyes
Municipal Services Counsel

Timothy W. Fortier
Communications Coordinator

Pam Valley
Administrative Assistant



25 Triangle Park Drive
Concord NH 03301
603.224.7447
governmentaffairs@nhmunicipal.org