Also on Monday, the House Municipal and County Government Committee voted 17-2 to recommend SB 249 for Interim Study. Thank you to all the members who spoke to your legislators about this issue over the last several months. We would be surprised if the House did not follow the committee recommendation as we have heard that there is broad recognition among legislators that this divisive issue should continue to be decided at the local level. We expect that the House will vote on SB 249 on May 4. Please tell your representatives to support the committee recommendation.

On Monday, beginning at 2:00 p.m., the Senate Election Law & Municipal Affairs Committee will hold an executive session with the intent of making recommendations on the remaining bills in their committee. One bill that we are still waiting on a recommendation on is HB 1194, which we opposed and wrote about prior to the Senate hearing in Bulletin #16. We urge members to contact the Senate Election Law & Municipal Affairs Committee to express their opposition to this bill. 

On the good news front, we saw the committee make a couple of very good recommendations this week on a couple of very concerning bills. HB 1268, limiting the authority for city council bylaws and ordinances, was recommended for Interim Study. Meanwhile, HB 1272, which would have limited the authority of local health officers in making bylaws or ordinances relating to public health matters, was recommended as Inexpedient to Legislate. As the committee report noted, “the unintended consequence of this legislation is that it would limit municipalities’ ability to protect local health and safety when unfamiliar circumstances arise. Additionally, all cities and towns in New Hampshire are not one size fits all, each have needs that are specific and the language in this bill disregards that.” Both bills are scheduled for a vote on Thursday. Thank you to all our members who testified in opposition to these two bills.

On Thursday, the Senate will vote on HB 1021, prohibiting certain zoning ordinance or site plan review regulation of land or structures primarily used for religious purposes. A committee amendment resolves two issues brought up by the members of the committee during the hearing on the bill, but the bill is still problematic. 

First, the amendment adds the term “primarily” in relation to the use. As such, the primary use must be religious for the language of the bill to apply. Second, the amendment removes the terms “non-discretionary” and “narrow,” unclear terms that were used to describe the types of regulations municipalities could subject religious land uses to. Municipalities would now be able to subject religious land use “to objective and definite regulations concerning the height of structures, yard sizes, lot area, setbacks, open space, and building coverage requirements as long as said requirements are applicable regardless of the religious or non-religious nature of the use of the property and do not substantially burden religious exercise.”  

However, it is still not clear what “objective and definite regulations” are. Even more concerning, this appears to contradict the sentence before it, which prohibits a zoning ordinance that prohibits, regulates, or restricts land or structures used primarily for religious purposes.   

NHMA opposes HB 1021 because it limits municipal control over zoning and land use regulation. Additionally, we are concerned that litigation will be necessary to clarify the contours of the law. There is no existing law on how to determine what is “primarily” a “religious use”; and while some instances will be clear – such as the building of a church, synagogue, or mosque – there will be other instances where the use may not be so clear. No examples could be given of actual problematic local regulations or issues that this legislation needs to address. 

Please contact your Senator and ask him or her to vote against the committee recommendation of Ought to Pass and for a tabling or Inexpedient to Legislate motion.

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

Thursday, April 21, 2022 

SB 240, apportioning state senate districts. Passed.   

SB 241, apportioning executive council districts. Passed. 

SB 242, relative to the disqualification of certain persons from performing the duties of an election official. Passed with Amendment. 

SB 267-FN-A, establishing the upland invasive species program, program fund, and program coordinator in the department of agriculture, markets, and food. Passed with Amendment. 

SB 275, relative to the opioid abatement trust fund. Passed. 

SB 328, relative to the date of the state primary election. Inexpedient to Legislate. 

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

SB 365, relative to absentee ballot outer envelopes. Inexpedient to Legislate. 

SB 366-FN, requiring an audit of ballots cast in the 2022 primary and general election. Passed with Amendment. 

SB 376-FN, (New Title) relative to creating a board to review police incidents involving citizens affected by mental health issues. Passed with Amendment. 

SB 379-FN, (New Title) establishing the solid waste management fund and grant program. Passed. 

SB 380-FN, relative to solid waste rules and landfill containment tests. Passed. 

SB 398, relative to building code and fire code enforcement. Passed with Amendment. 

SB 401-FN, making appropriations to the department of transportation for local highway aid and to the body-worn and dashboard camera fund. Passed with Amendment. 

SB 405-FN, relative to fines and penalties for election law violations. Passed with Amendment. 

SB 418-FN, relative to verification of voter affidavits. Passed with Amendment. 

SB 420-FN, establishing an extraordinary need grant for schools and relative to additional adequate education grant amounts for pupils receiving special education services. Passed with Amendment. 

SB 425-FN, relative to the establishment of an election information portal. Inexpedient to Legislate.   

SB 427-FN, modifying the absentee voter registration process, absentee ballot application, and absentee ballot voting process. Inexpedient to Legislate.  

SB 438-FN-LOCAL, (New Title) establishing state 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.