By Paula Tracy

And Garry Rayno

CONCORD — A bill banning sanctuary cities in New Hampshire and one that requires law enforcement agencies to comply with immigration detainers are headed to the governor’s desk after they passed the Senate Thursday.

Not headed to the governor’s desk is a bill that would have ended annual safety inspections for motor vehicles, which will now go back to the Senate Commerce Committee for additional work on several problematic areas.

The House already passed the two bills that would prohibit sanctuary cities, House Bill 511, which the Senate approved Thursday, and Senate Bill 62 with House changes the Senate concurred later in the day, sending that bill to the governor’s desk as well.

Senator William Gannon, R-Sandown urged there be no local interference with immigration detainers as part of HB 511. The 15-8 vote, along party lines with Sen. Kevin Avard, R-Nashua, excused for the day.

Gannon said there are thousands of known illegal aliens here in the United States who are criminals and noted the death of a Nashua girl killed by a Honduran who came back several years after he was deported. 

Sen. Tara Reardon, D-Concord, opposed the bill saying it sends a chilling message about what happens if you speak up.

“No human being is illegal. People may lack documents but that does not mean they should not be allowed due process,” she said.

As a state we should not be asked to bear the costs that lead to such outcomes, she said, noting the bill goes against New Hampshire’s values and ignores the judicial system.

Senate Majority Leader Regina Birdsell, R-Hampstead, disagreed and said local law enforcement should honor detainers. “I never thought this would be controversial,” she said.

Sen. Daryl Abbas, R-Salem said there are some communities which just want to turn a blind eye to such illegals. 

Gannon said for years he has worked on this issue and this should be the final vote. The vote was 15-8.

After the votes, Gannon said:  “Sanctuary City policies have devastated communities in states across the nation, but New Hampshire won’t be following suit. My colleagues and I voted to pass two bills banning this practice, which we’ve worked tirelessly on for the safety of our state. These proactive efforts will keep illegal criminals out of New Hampshire and help ensure the safety of Granite Staters.

 “New Hampshire law enforcement is now cooperating with United States Immigration and Customs Enforcement agents, further limiting illegal activity in our state. Countless other cities, like Boston and New York City, are struggling to contain this problem by housing illegal aliens in schools and airports. We do not want these lawless policies in New Hampshire. With the passage of these bills, this sanctuary city ban package now heads to Governor Ayotte’s desk to be signed into law,” Gannon said.

The Senate also approved House Bill 71 which would prohibit using public school and public higher education facilities as shelters for undocumented immigrants.

Gannon said the bill has a 72-hour exemption for a federal or state emergency disaster, but would not allow the schools to be used as shelters beyond that period.

Reardon opposed the bill saying there is no purpose or need for the legislation as there never has been an incident here the bill’s prime sponsor alluded to in her testimony. Those incidents occurred in Massachusetts at a community center and at Logan International Airport, she said.

There has never been a single incident that occurred in the state of New Hampshire, let alone a community center or airport, she said.

“This bill can only be viewed as a solution in search of a problem,” Reardon said, “a problem the prime sponsor failed to present any evidence of (here).”

The bill passed on a 15-8 party-line vote and was referred to the Senate Finance Committee for review before a final vote.

Safety Inspections

House Bill 649 to end annual safety inspections and on-board diagnostic tests for passenger vehicles and to eliminate funding for the motor vehicle air pollution abatement fund, was sent back to the Commerce Committee after the Department of Environmental Services had concerns it would affect federal funding, according to Sen. Dan Innis, R-Bradford.

He said concerns remain about the language of the bill and some other issues and the committee would continue to work on the bill.

But Sen. Tim McGough, R-Merrimack, said he was expecting to vote on the bill today, as did everyone watching the session in order “to make real progress … and relieve our constituents of annual safety inspections that hurt the most vulnerable the most.”
He said a check engine light can be extremely costly to resolve, and some people don’t have the money to buy a new car or to pay to fix their current vehicle in order to pass the state inspection.

McGough said the committee heard from numerous people about the problems they encountered to fix a “pesky light.”

Passing the bill would bring New Hampshire more in line with other states who have no safety inspections or a two-year period, with only 15 states having annual or six-month inspections.

He suggested the Senate could act on the bill later this year, if everyone continues to work to find a resolution to once-and-for-all fix this problem.

Sen. Howard Pearl, R-Loudon, said the bill is one of this session’s most challenging, as senators have been inundated with emails, and other communication from advocates on both sides of the issue.

“I’m disappointed we will not move forward with some of this, but I know we have the commitment of everyone in this room,” he said, “to address this with the thought and care it deserves.”

Voting against sending the bill back to committee were McGough, Sen. Keith Murphy, R-Manchester, and Sen. Victoria Sullivan, R-Manchester.

Concurrence with House

The Senate concurred with the House on Senate Bill 105 relative to budget caps with a roll call vote of 15-8. All Democrats opposed it.

It sets a three-fifths majority to override the cap, while some communities currently have a two-thirds majority.

It agreed to take up on another date concurrence on Senate Bill 78, which concerns the appeals period for zoning board decisions and until June 5.

It concurred with the House on passage of expedited driveway permitting which now is headed to the governor in an effort to help get more housing in the state. 

Accessory Dwelling Units

A key housing bill, House Bill 577 which modifies the definition of ADUs, or in-law apartments,

Sen. Donovan Fenton, D-Keene, offered an amendment, but it failed on a voice vote, noting that Keene is building ADUs, but smaller towns want more control. 

“I think this a great compromise,” he said.

But fellow Democrat Reardon said she is in support of the bill but not the amendment.

“We are trying to reduce regulations,” she said. 

Cryptocurrency Development

On a voice vote, House Bill 639, which is intended to encourage development of block chain and digital currencies was re-referred to committee, which is considered a partial win for environmentalists who wanted the bill killed outright.

McGough said he hoped the bill would pass but said it is obvious from a lack of majority support that it needs more time and work. 

He promised this summer to “make sure that New Hampshire can become a technology haven.”

Fenton said he was opposed to the re-referred bill and wanted it killed, but he was not successful.

He said concerns on the impacts of noise levels from these operations, energy concerns, even livestock issues were brought forth.

“This bill isn’t ready for prime time,” he said.