2022 NHMA Legislative Bulletin 13

LEGISLATIVE BULLETIN

A Long Week

Following this week’s marathon three-day House session, the House does not have much scheduled for next week. Most activity will occur in the House Finance Committee which, on Wednesday, will be holding a marathon executive session beginning at 10:00 a.m. on a long list of bills. These are all bills that were originally heard by a policy committee, passed by the House, and – because they involved appropriations – required further consideration by a financial committee prior to further action by the House. That further consideration is limited to the financial aspects of the bills, not the underlying policy.

There is a calendar-publication deadline of Wednesday for the House calendar officially published on Thursday evening detailing the House events of the following week. The following week is “crossover” – the last day for the originating body to act on its own bills. As such, the few House (and Senate) committees that still have bills originating in their own body must report out their recommendations in time for the full body to act on or before crossover. This year, crossover is on March 31, and the House will be meeting that day.

The Senate has already dealt with many of its own bills and has started hearing bills sent over from the House. Importantly, on Monday, the Senate Election & Municipal Affairs Committee will be meeting to hear testimony on a number of bills of municipal interest beginning at 1:00 p.m. (More on that below.)

Thank You!

On Thursday, the House laid HB 1033 on the table, effectively killing the bill. This bill, which we wrote about in Bulletin #10 and Bulletin #12 would have severely restricted the ability of local officials to provide information to legislators and advocate for certain policy positions.

We owe a great deal of thanks to the 174 representatives who voted for the tabling motion. This result was due, in major part, to our many local officials who contacted their representatives to discuss the harm that this bill would have done.

Please thank your representatives who voted “Yea” in the roll call vote!

Senate Hearings

On Tuesday, March 22, beginning at 1:00 p.m. in State House Room 100, the Senate Election Law & Municipal Affairs Committee will hear testimony on three bills of municipal interest:

The first bill, HB 1021, would prohibit regulation of religious land use based on the religious nature of the assembly or speech taking place on the land or in the structure. As we stated in Bulletin #7, we remain concerned as to how this prohibition would function given some ambiguity in the language of the bill. In particular, the references to “religious purposes” are undefined and will make it difficult for local officials and land use boards to understand what qualifies for an exemption under local zoning ordinances.

The second bill, HB 1026, which we wrote about in Bulletin #10, would allow a municipal budget committee to request that the governing body provide budget recommendations in full line-item detail in active spreadsheet format. NHMA has taken no position on this bill as it is merely enabling legislation.

The last bill, HB 1277, defines “cybersecurity incident” and requires that political subdivisions report such incidents to the department of information technology. NHMA has been supportive of an amended version of this bill, and we note that something a little strange happened to this bill in the House. NHMA – along with other interested parties and legislators – worked on an amendment, which appeared to have been adopted by the committee, but was not reported to the House Calendar. The subsequent passage of the bill by the House did not appear to include the amended language. We are hopeful that the Senate will be amenable to adopting the amendment, and the House amenable to concurring with that amendment, in order to ensure that this legislation will work for both municipalities and the State.

Local officials interested in any of these three bills are encouraged to contact the members of the Senate Election Law & Municipal Affairs Committee to express their opinion.

House Calendar

There are no hearings in the House on bills of municipal interest.

Senate Calendar

MONDAY, MARCH 21, 2022

ELECTION LAW AND MUNICIPAL AFFAIRS, Room 100, SH
1:00 p.m.	HB 1021, prohibiting regulation of religious land use based on the religious nature of the assembly or speech taking place on the land or in the structure.
1:15 p.m.	HB 1026, relative to budget information provided to a budget committee.
1:30 p.m.	HB 1122, authorizing municipalities to collect and resell construction and demolition debris.
1:45 p.m.	HB 1277, relative to the reporting of cybersecurity incidents.

TUESDAY, MARCH 22, 2022

ENERGY AND NATURAL RESOURCES, Room 103, SH
9:00 a.m.	HB 614-FN, exempting the state and political subdivisions from payment of the costs of compliance with the renewable portfolio standard.
9:45 a.m.	HB 1420-FN, prohibiting the issuance of new landfill permits until the state’s solid waste plan is updated.

TRANSPORTATION, Room 101, LOB
1:15 p.m.	HB 1020, relative to additional lights on emergency vehicles.
1:30 p.m.	HB 1040, establishing a commission to study revenue alternatives to the road toll for the funding of improvements to the state’s highways and bridges and their resulting improvements to the environment.

WEDNESDAY, MARCH 9, 2022

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 103, SH
9:00 a.m.	HB 1681-FN, relative to the state building code and the state fire code.

House Floor Action

Tuesday, March 15 – Thursday, March 17, 2022

CACR 15, relating to elections. Providing that the age to vote in the primary election be reduced to 17 for those who will be 18 by the general election. Failed, lacking 3/5 vote.

CACR 19, relating to paper ballots. Providing that all elections shall be conducted through paper ballots. Failed, lacking 3/5 vote.

CACR 33, relating to recall elections. Providing that the general court may authorize recall elections. Inexpedient to Legislate.

HB 1007, relative to qualifications for office. Laid on Table.

HB 1009, requiring the date a person registers to vote to be included with other voter information. Passed.

HB 1014, allowing public meetings to be conducted virtually. Laid on Table.

HB 1033-FN-LOCAL, prohibiting recipients of state or local grants or appropriations from using such funds for lobbying. Laid on Table.

HB 1053, relative to the hourly rate paid to an employee for hours worked but not previously scheduled. Inexpedient to Legislate.

HB 1055, relative to the property tax exemption for individuals with disabilities and individuals who are deaf or severely hearing impaired. Inexpedient to Legislate.

HB 1056, relative to veterans’ tax credits. Inexpedient to Legislate.

HB 1057, relative to the tax exemption for the elderly. Inexpedient to Legislate.

HB 1069, relative to the election of village district commissioners within Belknap County. Passed with Amendment.

HB 1070, relative to the default budget in official ballot jurisdictions. Passed with Amendment.

HB 1073, repealing the right-to-know exemption for attorney-client work product. Passed with Amendment.

HB 1079-FN, relative to part-time employment of a retirement system retiree. Inexpedient to Legislate.

HB 1081, relative to the dissolution of a village district. Passed.

HB 1087, relative to zoning for single family housing lots. Laid on Table.

HB 1088, relative to employee protections from COVID-19 in the workplace. Inexpedient to Legislate.

HB 1090, relative to teaching on discrimination in the public schools. Laid on Table.

HB 1094, relative to employee work schedules and rest periods. Inexpedient to Legislate.

HB 1096-FN, prohibiting open carrying or display of a deadly weapon within 100 feet of a polling place. Inexpedient to Legislate.

HB 1098, limiting the number of parking spaces required per occupied dwelling. Inexpedient to Legislate.

HB 1101, relative to a forfeiture of personal property. Passed.

HB 1119, relative to the regulation of single-use bags. Laid on Table.

HB 1133, prohibiting the termination of a lease during the sale of real property. Inexpedient to Legislate.

HB 1136, requiring planning boards to list the type of studies required to render a decision. Inexpedient to Legislate.

HB 1148, relative to prohibiting government entities subordinate to the state from restricting the types of fuel sources that may be used for energy. Passed.

HB 1153, relative to absentee ballot requests. Passed.

HB 1155, relative to persons elected to a local board serving on another board. Interim Study.

HB 1161-FN-LOCAL, relative to ethics obligations of elected local and county officials. Inexpedient to Legislate.

HB 1163, relative to over voted ballots. Passed with Amendment.

HB 1166, requiring certain voters to declare a party affiliation prior to a state primary election and requiring candidates to be members of political parties for a certain amount of time prior to an election in which such candidates seek office. Inexpedient to Legislate.

HB 1172-FN, requiring composting and waste recycling to be made available to residents of public housing. Interim Study.

HB 1177, relative to permissible residential units in a residential zone. Laid on Table.

HB 1178, prohibiting the state from enforcing any federal statute, regulation, or Presidential Executive Order that restricts or regulates the right of the people to keep and bear arms. Passed with Amendment.

HB 1179, relative to zoning protest petitions. Inexpedient to Legislate.

HB 1184, authorizing the establishment of revolving funds. Inexpedient to Legislate.

HB 1186, relative to companion animals during a declared state of emergency. Passed with Amendment.

HB 1194, relative to the procedure for overriding a local tax cap. Passed.

HB 1203-FN, relative to domicile residency, voter registration, and investigation of voter verification letters, and relative to the terms “resident,” “inhabitant,” “residence,” and “residency.” Passed with Amendment.

HB 1210, relative to exemptions from vaccine mandates. Passed with Amendment.

HB 1219, relative to parking requirements for religious institution-affiliated housing development projects. Inexpedient to Legislate.

HB 1223, relative to meeting attendance requirements for elected members of budget committee and school board. Interim Study.

HB 1227, relative to the definition of prime wetland. Laid on Table.

HB 1238, relative to zoning powers and the supply of workforce housing. Inexpedient to Legislate.

HB 1242, relative to filing deadlines for candidates seeking election to charter commissions and relative to the dates of such elections. Inexpedient to Legislate.

HB 1247, relative to folded ballots. Inexpedient to Legislate.

HB 1248, relative to replacement power for net metering customer-generators. Interim Study.

HB 1251, prohibiting payment of subminimum wages. Laid on Table.

HB 1258, relative to the implementation of the department of energy. Passed with Amendment.

HB 1259, relative to the election and resignation of members of school boards and elected budget committees. Inexpedient to Legislate.

HB 1264, establishing ranked-choice voting for state party primary elections and municipal elections. Laid on Table.

HB 1266, relative to restrictions on enforcement of federal immigration laws. Passed with Amendment.

HB 1267, relative to municipal authority for road and sidewalk closure. Inexpedient to Legislate.

HB 1268, limiting the authority for city council bylaws and ordinances. Passed with Amendment.

HB 1272, limiting the authority of town health officers. Passed with Amendment.

HB 1289, relative to applications for abatements and authority to abate prior years’ taxes for certain homeowners. Interim Study.

HB 1293, relative to the design of sewage or waste disposal systems for a person’s own domicile. Passed.

HB 1296-FN, relative to money, coin, or currency which may be forfeited in connection with a drug offense. Passed with Amendment.

HB 1300-FN-A, making an appropriation to fund the Ash Landfill in Newport. Interim Study.

HB 1307, modifying the authority and duties of the housing appeals board. Passed.

HB 1312, relative to water pollution and waste disposal rulemaking. Interim Study.

HB 1328-FN, authorizing a utility to petition to be relieved of their carrier of last resort obligations. Passed.

HB 1342, relative to municipal charter provisions for tax caps. Inexpedient to Legislate.

HB 1350, relative to the procedure for valuation of property for property tax purposes. Inexpedient to Legislate.

HB 1352-FN, relative to eligibility for workers’ compensation for an adverse reaction to a mandatory COVID-19 vaccination. Inexpedient to Legislate.

HB 1365, allowing towns and cities to tax residential and non-residential property at different rates. Inexpedient to Legislate.

HB 1374, relative to the membership of local land use boards. Inexpedient to Legislate.

HB 1375, relative to the definition of veteran. Passed.

HB 1389-FN, establishing a superior court land use review docket. Interim Study.

HB 1406, authorizing municipalities to collect compost. Passed.

HB 1425-FN, relative to the taking of real property by eminent domain. Passed.

HB 1432, prohibiting the use of state funds for new passenger rail projects. Passed.

HB 1442-FN, relative to access to election and voter information. Inexpedient to Legislate.

HB 1454-FN, relative to permits for the siting of new landfills. Passed with Amendment.

HB 1455, relative to state enforcement of federal vaccination mandates. Passed.

HB 1457-FN, relative to chain of custody of ballot boxes after an election. Passed with Amendment.

HB 1467-FN, requiring partial audits of additional offices on ballots involved in recounts. Passed with Amendment.

HB 1470-FN, requiring that all ballot counting devices show the number of overvotes for each race on the ballot. Inexpedient to Legislate.

HB 1473-FN, authorizing a forensic audit of the November 3, 2020 election results in Merrimack county for president, governor, and United States senate races. Interim Study.

HB 1481, repealing the statute relative to medical freedom in immunizations. Laid on Table.

HB 1485-FN, relative to direct recall elections. Inexpedient to Legislate.

HB 1490-FN, relative to equal access to places of public accommodation regardless of vaccination status. Inexpedient to Legislate.

HB 1491-FN-LOCAL, relative to natural gas transmission pipeline safety. Passed with Amendment.

HB 1495-FN, relative to vaccine mandates for government contractors. Passed with Amendment.

HB 1508-FN, prohibiting discharge of volunteer firefighters or volunteer emergency medical technicians from other employment. Inexpedient to Legislate.

HB 1514-FN, relative to an employee’s unused earned time. Inexpedient to Legislate.

HB 1519-FN, defining “religious belief” and protecting it from discrimination. Inexpedient to Legislate.

HB 1522-FN, requiring the use of ballots with embedded security and relative to chain of custody of absentee ballots. Inexpedient to Legislate.

HB 1527-FN, relative to the storage of total vote counts produced by electronic ballot counting devices. Passed with Amendment.

HB 1529-FN, requiring prospective employees and volunteers of public libraries to obtain a background check prior to commencing employment or volunteer service. Inexpedient to Legislate.

HB 1542-FN, relative to documentation required to prove a voter’s eligibility to vote. Inexpedient to Legislate.

HB 1543-FN, relative to the voter registration process. Inexpedient to Legislate.

HB 1544, prohibiting the placement of construction and demolition debris in landfills. Inexpedient to Legislate.

HB 1546-FN, limiting air emissions of perfluorochemicals. Passed with Amendment.

HB 1565-FN, relative to the opioid abatement trust fund. Interim Study.

HB 1567-FN, relative to the removal of election officials from office. Passed with Amendment.

HB 1576-FN, repealing the law relative to certain discrimination in public workplaces and education. Laid on Table.

HB 1579, relative to landowner liability on land authorized for outdoor recreational activities. Passed with Amendment.

HB 1595-FN, relative to establishing a statewide food truck license. Interim Study.

HB 1596-FN, relative to net energy metering limits for individual and business customers. Laid on Table.

HB 1600, relative to the use of body cameras by law enforcement during an interview or interrogation. Laid on Table.

HB 1603-FN, defining certain school information as governmental records under the right to know law. Inexpedient to Legislate.

HB 1614-FN, requiring the recording and storing of digital video in all state-funded juvenile detention facilities. Passed.

HB 1617, relative to housing projects of the community development finance authority and establishing a committee to prevent state subsidies for housing development that is not income-sensitive. Inexpedient to Legislate.

HB 1667, relative to the standard and optional veterans’ tax credits and the all veterans’ tax credit. Passed.

Senate Floor Action

Thursday, March 17, 2022

CACR 36, residency for the purpose of voting. Providing that only residents of the state may vote in elections. Laid on Table.

HB52, apportioning congressional districts. Passed.

SB 241, apportioning executive council districts. Interim Study.

SB 257, enabling municipalities to incorporate sewage disposal systems as part of their stormwater utility. Passed with Amendment.

SB 254, apportioning executive council districts. Interim Study.

SB 328, relative to the date of the state primary election. Passed with Amendment.

SB 344, relative to the quorum requirements under the right to know law of meetings open to the public. Passed with Amendment.

SB 363-FN, relative to service credit for certain group II retirement eligibility. Passed with Amendment.

SB 374-FN, relative to the SARS-CoV-2 vaccinations. Interim Study.

SB 400-FN, relative to training and procedures for zoning and planning boards and relative to financial investments and incentives for affordable housing development. Passed with Amendment.

SB 411-FN, relative to critical incident stress management for emergency services providers, and establishing a violent act injury disability retirement for public safety employees. Interim Study.

SB 434-FN, relative to the reduction in the calculation of state retirement annuities at age 65. Passed.

SB 437-L, relative to the additional municipal fee for transportation improvements. Inexpedient to Legislate.

SB 438-FN-L, establishing state and local procurement policies intended to promote the use of American materials. Passed with Amendment.

SB 443-FN, relative to municipal authority regarding the state building code. Passed with Amendment.

NHMA Upcoming Events

Mar. 23	*Webinar:* Overview of Treasury’s Final Rule for ARPA Funds– 12:00 – 1:00
Apr. 1	NHMA’s Legislative Policy Process Organizational Day: 9:00 a.m.
Apr. 4	*Webinar:* Legislative Half-Time– 12:00 – 1:00
Apr. 5	2022 Local Officials Workshop (Virtual) – 9:00 – 4:00
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.