NEWS

N.H. Roll Call: Week ending May 24

Staff Writer
Fosters Daily Democrat

Abolition of death penalty

The legislation abolishing the state's death penalty, which has been debated for several decades and come close to passage three times, has been approved by the House with a one-vote margin.

House Bill 455, "relative to the penalty for capital murder," is sponsored by Reps. Renny Cushing, D-Hampton, and Laura Pantelakos, D-Portsmouth, with Sens. Martha Fuller Clark, D-Portsmouth, and John Reagan, R-Deerfield.

The bill was initially approved by the House in early March on a vote of 279 to 88. After another public hearing, it passed the Senate in mid-April on a vote of 17 to 6. Gov. Chris Sununu vetoed it two weeks ago, setting up a vote this past Thursday on an attempt to override his veto.

The veto was overridden 247 to 123. With the state constitutional requirement that a bill must receive the support of two-thirds of the members present and voting, the margin of victory was one vote. "Yes" favored the motion to pass the bill over the governor's opposition, "no" did not, and opposed abolishing the death penalty. A number of legislators changed their position from the initial vote of two months ago, and that is so indicated:

Portsmouth Herald area legislators

Yes: Max Abramson, R-Seabrook; Debra Altschiller, D-Stratham; Skip Berrien, D-

Exeter; Lisa Bunker, D-Exeter; Patricia Bushway, D-Hampton; Michael Cahill, D-Newmarket; Jacqueline Cali-Pitts, D-Portsmouth; Renny Cushing, D-Hampton; Dan Davis, R-Kensington; Charlotte DiLorenzo, D-Newmarket; Michael Edgar, D-Hampton; Julie Gilman, D-Exeter; Gaby Grossman, D-Exeter; Jaci Grote, D-Rye; Tamera Le, D-North Hampton; Tom Loughman, D-Hampton; Patricia Lovejoy, D-Stratham; Jim Maggiore, D-North Hampton; Dennis Malloy, D-Greenland; Rebecca McBeath, D-Portsmouth; Liz McConnell, D-Brentwood; David Meuse, D-Portsmouth; Kate Murray, D-New Castle; Laura Pantelakos, D-Portsmouth; Ellen Read, D-Newmarket; Peter Somssich, D-Portsmouth; Gerald Ward, D-Portsmouth

No: Patrick Abrami, R-Stratham (previously supported passage); William Fowler, R-Seabrook; Deborah Hobson, R-East Kingston (previously supported passage); Jason Janvrin, R-Seabrook (previously supported passage); Aboul Khan, R-Seabrook (previously supported passage); Sean Morrison, R-Epping

Not voting: Mark Vallone, D-Epping (previously opposed passage), not excused

Foster's Daily Democrat area legislators

Yes: Peter Bixby, D-Dover; Gerri Cannon, D-Somersworth; Wendy Chase, D-Rollinsford; Ed Comeau, R-Brookfield; Barbara Comtois, R-Center Barnstead; Casey Conley, D-Dover; Donna Ellis, D-Rochester; Kristina Fargo, D-Dover; Timothy Fontneau, D-Rochester; Sherry Frost, D-Dover; Amanda Gourgue, D-Lee; Chuck Grassie, D-Rochester; Peg Higgins, D-Rochester; Timothy Horrigan, D-Durham; Sandra Keans, D-Rochester; Cam Kenney, D-Durham; Cassandra Levesque, D-Barrington; Linn Opderbecke, D-Dover; Cecelia Rich, D-Somersworth; Jeffrey Salloway, D-Lee; Catt Sandler, D-Somersworth; Peter Schmidt, D-Dover; Marjorie Smith, D-Durham; Judith Spang, D-Durham; Susan Treleaven, D-Dover; Kenneth Vincent, D-Somersworth; Janet Wall, D-Madbury

No: Lino Avellani, R-Sanbornville; Steven Beaudoin, R-Rochester; George Feeney, R-Alton(previously supported passage); Michael Harrington, R-Strafford (previously supported passage); Peter Hayward, R-Milton; James Horgan, R-Farmington; Raymond Howard, R-Alton (previously supported passage); Mac Kittredge, R-Rochester; William Marsh, R-Wolfeboro (previously supported passage); Jodi McNally, R-Rochester; Mona Perreault, R-Rochester; Joseph Pitre, R-Farmington; Abigail Rooney, R-Milton; Peter Varney, R-Alton; Kurt Wuelper, R-Strafford

Not voting: Matthew Towne, D-Barrington (previously supported passage); Thomas Southworth, D-Dover, excused; Bill Nelson, R-Brookfield (previously supported passage), not excused

In the March vote, 71 Republicans joined 208 Democrats favoring passage, while five Democrats and 83 Republicans voted against the bill. On the veto override, 26 Republicans joined 221 Democrats in supporting passing the bill over the Governor's veto, while 3 Democrats and 120 Republicans voted to sustain the Governor's veto and kill the bill.

The bill now goes to the Senate, which may vote on it next week. On April 11, the Senate approved the legislation 17 to 6, with Sens. Fuller Clark, D-Portsmouth; Jon Morgan, D-Brentwood; John Reagan, R-Deerfield; Tom Sherman, D-Rye; and David Watters, D-Dover, supporting the bill. Opposed were Sens. Jeb Bradley, R-Wolfeboro, and James Gray, R-Rochester.

Five Senate Republicans joined 12 Democrats in support of the bill, with one Democrat and five Republicans opposing passing the bill. One senator from Manchester who has opposed abolishing the death penalty in the past was not present for the vote. If all Senators are present when the next vote is held, 16 votes will be required to override the veto.

Employer-employee notification and youth age requirements

Senate Bill 20, "relative to notification requirements for employees, workplace inspections, and the youth employment law," amends some of the workplace notification and posting requirements for businesses, as well as provisions of the youth employment laws. The Senate had passed the bill in March.

The House Labor, Industrial and Rehabilitative Services Committee voted 12 to 8 recommending passage of the bill. Rep. Michael Cahill, D-Newmarket, reported for the committee, "The majority views reverting to the time-honored posting of information in a conspicuous place on-site as reasonable and prudent. It is also in the best interest of our young workers that their hours are limited to 40.25 rather than 48 hours while in school."

Recommending the bill be killed, the minority of the committee wrote, "This bill essentially repeals a number of changes passed into law at the end of last term. The minority feels that the repeal of policy with which we have almost no experience is premature. In particular, we feel that restricting youth hours may have unintended consequences on a small number of school-aged workers in special circumstances."

The House approved the bill 202 to 135. "Yes" supported passage, "no" did not:

Herald area legislators

Yes: Altschiller, Berrien, Bunker, Bushway, Cahill, Cali-Pitts, Cushing, Edgar, Grossman, Grote, Lovejoy, Maggiore, Malloy, McBeath, McConnell, Meuse, Murray, Read, Somssich, Vallone, Ward

No: Abrami, Abramson, Davis, Hobson, Janvrin, Khan

Not voting: DiLorenzo, Fowler, Gilman, Le, Morrison, Pantelakos, excused; Loughman, not excused

Foster's area legislators

Yes: Bixby, Cannon, Chase, Fargo, Frost, Gourgue, Grassie, Higgins, Horrigan, Keans, Kenney, Levesque, Opderbecke, Salloway, Sandler, Schmidt, Smith, Southworth, Spang, Towne, Vincent, Wall

No: Avellani, Beaudoin, Comeau, Fontneau, Harrington, Hayward, Horgan, Howard, Kittredge, Marsh, Nelson, Perreault, Pitre, Wuelper

Not voting: Comtois, Ellis, Feeney, McNally, Rich, Rooney, Treleaven, Varney, excused; Conley, not excused

The legislation will be sent to the governor for his signature.

Land and housing development study

SB 43, "establishing a commission to study barriers to increased land development in New Hampshire," is sponsored by Sen. Fuller Clark, D-Portsmouth with Reps. Levesque, D-Barrington, and Gourgue, D-Lee.

The bill creates a "Commission to Study Density of Land Development in New Hampshire," with a membership that includes legislators, public members, and a variety of state officials including the Commissioners of the Departments of Environmental Services and the Business and Economic Affairs, and the Executive Director of the N.H. Housing Finance Authority. Also included are representatives from N.H. Legal Assistance, the Housing Action NH organization, N.H. Home Builders Association, the N.H. Municipal Association, the N.H. Association of Regional Planning Commissions, the Business and Industry Association, and the Governor's Millennial Commission.

The tasks of the commission include studying issues related to density of land development and current patterns of development throughout the state, including residential and housing development. Property tax incentives to promote residential development density and workforce housing will also be examined.

The House Municipal and County Government Committee voted 13 to 7 recommending that the bill be passed, with an amendment. The majority reported, "As amended, this bill facilitates a statewide discussion by those more closely associated with the housing needs of N.H. presently and in its future. The lack of affordable housing is recognized to be at a crisis point."

Asking that the bill be killed, Rep. Abramson, R-Seabrook, reported for the minority of the committee, "Members of the minority noted that we were contacted by many members of local land use boards and concerned inhabitants who didn’t like the wording of the commission, specifically implying that local zoning laws were merely, 'barriers to increasing the density of land development.' The very strong emotions and vocal opposition to high density, low income apartments, overrun communities, loss of the ability of kids to safely walk to school, and subsidized blight are completely understandable."

The Senate approved the bill in January, and the House approved the amended version suggested by the committee on a vote of 206 to 118.

Herald area legislators

Yes: Altschiller, Berrien, Bunker, Bushway, Cahill, Cali-Pitts, Cushing, Edgar, Grossman, Grote, Janvrin, Lovejoy, Malloy, McBeath, McConnell, Meuse, Murray, Read, Somssich, Vallone, Ward

No: Abrami, Abramson, Davis, Hobson, Khan, Maggiore

Not voting: DiLorenzo, Fowler, Gilman, Le, Morrison, Pantelakos, excused; Loughman, not excused

Foster's area legislators

Yes: Bixby, Chase, Fargo, Fontneau, Frost, Gourgue, Grassie, Higgins, Horrigan, Keans, Kenney, Levesque, Opderbecke, Salloway, Sandler, Schmidt, Smith, Southworth, Towne, Vincent, Wall

No: Avellani, Beaudoin, Comeau, Harrington, Hayward, Horgan, Howard, Kittredge, Marsh, Nelson, Perreault, Pitre, Spang, Wuelper

Not voting: Comtois, Conley, Feeney, McNally, Rich, Rooney, Treleaven, Varney, excused; Cannon, Ellis, not excused

Since the bill was amended, it returns to the Senate for further consideration.

Energy efficiency programs

SB 205, "relative to energy efficiency programs funded from the systems benefits charge and the duties and members of the energy efficiency and sustainable energy board," is sponsored by Sens. Watters, D-Dover; Fuller Clark, D-Portsmouth, and Morgan, D-Brentwood.

The House Science, Technology and Energy Committee voted 12 to 8 recommending passage, with an amendment. The committee reported, "These changes are intended to accelerate the pace of effective energy efficiency work in N.H. which will lead to lower costs, more comfortable buildings, and a reduction in the hundreds of millions of dollars currently lost to the state economy due to the purchase of imported residential heating fuel, along with other energy costs."

Suggesting that the bill be killed, the minority wrote, " The difficulty the minority has with this bill is that it allows the N.H. Public Utilities Commission to raise the energy efficiency portion of the SBC (systems benefit charge) on its own motion by an order, without legislative approval, whereas the rest of the SBC must be set by law. The SBC and all of its components are additional fees imposed on ratepayers for public purposes. Such fees should be set by legislative action, not by an unelected commission."

The Senate had passed a version of the bill in March. The House voted 197 to 127 in favor of the committee's amended bill. "Yes" supported passage, "no" opposed:

Herald area legislators

Yes: Altschiller, Berrien, Bunker, Bushway, Cahill, Cushing, Edgar, Grossman, Grote, Lovejoy, Maggiore, Malloy, McBeath, McConnell, Meuse, Murray, Read, Somssich, Vallone, Ward

No: Abrami, Abramson, Cali-Pitts, Davis, Hobson, Janvrin, Khan

Not voting: DiLorenzo, Fowler, Gilman, Le, Morrison, Pantelakos, excused; Loughman, not excused

Foster's area legislators

Yes: Bixby, Cannon, Chase, Fargo, Fontneau, Frost, Gourgue, Grassie, Higgins, Horrigan, Keans, Kenney, Opderbecke, Salloway, Sandler, Schmidt, Smith, Southworth, Spang, Towne, Vincent, Wall

No: Avellani, Beaudoin, Comeau, Harrington, Hayward, Horgan, Howard, Kittredge, Marsh, Nelson, Perreault, Pitre, Wuelper

Not voting: Comtois, Conley, Ellis, Feeney, Levesque, McNally, Rich, Rooney, Treleaven, Varney, excused

Because the bill was amended, it returns to the Senate for further review.

For information on contacting legislators, to request introduction of a bill or offer a viewpoint, and to review specific bills and roll call votes, visit NH.gov.