New Hampshire
Breaking with Sununu, Legislature overrides veto on administrative rules process • New Hampshire Bulletin
When New Hampshire state agencies seek to pass new administrative rules, they must hold public hearings and hear suggestions. But they aren’t required to follow those suggestions, and if they choose not to, they do not need to give a reason why.
That will soon change when a new law takes effect to require state departments to give a detailed explanation for why they chose to ignore public comments. On Thursday, lawmakers overturned Gov. Chris Sununu’s veto of the legislation, House Bill 1622, ensuring that it will take effect in December.
It was a rare action, one of only a handful of vetoed bills that lawmakers have overturned in Sununu’s eight years in office.
And it represented a clash between the legislative and executive branch over day-to-day duties, in which both Republican and Democratic lawmakers came together.
Sununu argued in August that House Bill 1622 would create too many burdens on state employees and require increased staff time to meet the new demands. Lawmakers countered that the bill was important to increase accountability by state agencies.
One expert hailed the decision. Adam Finkel, who spent years as the chief rule writer at the federal Occupational Safety and Health Administration, said the bill makes long overdue changes. And he rejected Sununu’s argument that it would substantially increase the burden on agencies.
“On the federal level, we’ve been writing reasoned response documents for decades, and it might be slightly more expensive, but it’s money well spent, because the people deserve to have their bureaucrats explain themselves,” Finkel said in an interview with the Bulletin Thursday.
The vote was part of “Veto Day,” the day each fall when the Legislature reconvenes to take up any bills vetoed by the governor. This year, Sununu vetoed 15, but HB 1622 was one of only two that garnered the two-thirds support in the House and Senate necessary to overturn it.
Legislature overrides Sununu’s veto on bill aimed at cyanobacteria blooms
The second bill, House Bill 1293, imposes new restrictions on fertilizers in an effort to curb cyanobacteria in the state. Sununu vetoed it after saying it would be an unfair burden on private property owners who are unwittingly using fertilizers containing phosphorus near storm drains. But House and Senate lawmakers overturned the veto, and the bill will take effect Jan. 1.
Several other bills came close, clearing the 66 percent threshold in the House for an override but falling short in the Senate. Here’s a breakdown of what happened Thursday.
A push for transparency
HB 1622 makes a number of changes to a consequential – and often overlooked – component of state government.
When the Legislature passes laws that establish new programs for executive branch agencies, those agencies must often fill in gaps in the law with rules that cover the minutiae of how to carry out the new directives. Those rules are open to a public comment period and must also be approved by the Joint Legislative Committee on Administrative Rules, or JLCAR, a bipartisan panel of House and Senate lawmakers.
Already, state agencies must release a report explaining what, if any, changes they make to their proposed rules after the public comment. But HB 1622 requires them to also address the public comments they received in that report.
If the agency incorporates public feedback into their final decision, they must now note that. If it ignores any feedback, it must indicate that it did so, and “provide a detailed explanation that includes the facts, data, interpretations, and policy choices that justify why the adopting agency did not amend the rules.”
The bill also requires each agency’s director of legislative services to publish all of the agency’s final rules on its website, and it establishes new deadlines for agencies to turn around the publishing of the rules.
It will take effect sometime in December, or 60 days after it is formally enrolled this month, according to House Clerk Paul Smith.
In his veto message, Sununu said the bill “would substantially increase the burden on executive agencies when promulgating rules without providing financial support to do so.”
“Public input is essential to good public policy, however the burdens created by this legislation are overly taxing for a minimal amount of public benefit,” Sununu said.
Neither the House nor Senate lawmakers commented on the bill before voting to override the veto Thursday. But in previous comments in May, Sen. Howard Pearl said the bill “will enable greater transparency in the rulemaking process. It will also enable an easier process for the public to weigh in on pending rules.”
House attempts to save bills
In a few cases, the near-evenly divided House voted to override Sununu’s vetoes, only for the vetoes to be sustained in the Senate.
In one example, the House overturned Sununu’s veto of House Bill 1415, which would have created liability for PFAS-contaminating facilities. Sununu vetoed that bill because he said it clashed with a different bill that he did sign that creates “strict liability” for PFAS polluters, but that critics said provides fewer protections.
“HB 1415 addresses the need to hold PFAS polluters accountable for the immense cost they create,” said Nancy Murphy, a Merrimack Democrat. “In Merrimack alone, we have spent millions of dollars to remove a company’s PFAS from our drinking water. That this financial burden has been placed upon taxpayers who are already bearing the health costs is absolutely unjust, and it should be illegal.”
Despite the House overriding the veto, the Senate voted to uphold it.
In another case, the House overrode Sununu’s veto of House Bill 274, which would have required state agencies to pay for attorney’s fees if it enacted a rule illegally, without legislative approval, in the case of any legal action.
But the Senate quashed the override in an 11-12 vote.
The House flipped Sununu’s veto of House Bill 1581, which would allow alternative treatment centers – therapeutic cannabis dispensaries – to operate additional cultivation locations, including greenhouses, with approval from the Department of Health and Human Services.
The Senate later upheld that veto, killing the bill.
Many bills fall
It was much more common Thursday for the Legislature to fail to secure enough votes for even a partial override. In some cases, the Senate voted unanimously to pass a bill last spring, only to vote along party lines to sustain Sununu’s veto of that bill on Thursday.
Here are the bills that fell on the first vote.
- The House failed to overturn Sununu’s veto of House Bill 194, which would have required the state Division of Historical Resources to publish a list of New Hampshire’s historical markers online, and would have required legislative approval of new historical markers.
- The House fell short of overriding the governor’s veto of House Bill 396, which would have rolled back some gender identity anti-discrimination protections established in 2019 and allowed government entities and private businesses to enforce gender separations in bathrooms, locker rooms, prisons, sports teams, and other venues.
- The House did not override Sununu’s veto of House Bill 1093, which would have barred school districts from imposing mask mandates. In his veto message, the governor said the legislation infringed on local control. “Big government is never the solution, and neither is a one-size-fits-all approach,” he said.
- The House voted to sustain Sununu’s veto of House Bill 1187, which would have prohibited municipalities from using lease agreements to fund any building or facility improvements that become permanent fixtures of that building.
- The House did not overturn Sununu’s veto of House Bill 1233, which would have allowed animal chiropractors to practice without getting a veterinary license, as long as they obtained a certification from a recognized national animal chiropractic program.
- The Senate voted to uphold Sununu’s veto of Senate Bill 63, which would have tweaked the eligible scenarios for towns to make regulations for the protection of public health. Sununu had vetoed it because he said the wording of the bill was confusing and that the bill would inject uncertainty during times of emergency, such as a pandemic.
- The Senate voted 23-0 to sustain Sununu’s veto of Senate Bill 318, which sought to make the manufactured housing installations standards board and the board of examiners of nursing home administrators into advisory boards.
- The Senate failed to override Sununu’s veto of Senate Bill 501, which would have allowed noncitizens who are lawfully present in the U.S. to get New Hampshire driver’s licenses, in a party-line, 10-13 vote.
- The Senate fell short of overturning the veto of Senate Bill 507, which would have extended the three-year time limit for a convicted person to request a new trial in the case of newly discovered evidence, new or additional forensic testing, or “new scientific understanding that would have been material for the fact finder.” The vote to overturn was 10-13.
- The Senate also voted against overturning Sununu’s veto of Senate Bill 543, which established a state “environmental adaptation, resilience, and innovation council.”
Annmarie Timmins contributed to this report.
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New Hampshire
Trip Report: Skiing Opening Day At New Hampshire's Largest Ski Area
New Hampshire – The Northeast’s ski season officially kicked off last week.
After a warm start to the month, a cold stretch last week across the Northeast allowed various ski areas to open up for the season or temporarily. This included Killington, Sunday River, Sommet Saint Sauveur, Belleayre, Gore, Whiteface, and Bretton Woods. Situated across the street from the famous Omni Mt. Washington Resort, the New Hampshire ski area opened on Saturday with two trails and two lifts operating.
I decided to head up to Bretton Woods to experience their opening day. I decided over Killington because while its my favorite ski resort in New England, it can be a crowded experience during those first couple of days.
Lift tickets at Bretton Woods this past weekend were $72. This is a bit pricey for opening day, but they offered a $10 discount if you brought a non-perishable food item as part of their “Say Goodbye to Hunger” Food Drive.
One of the lifts that was open was the Learning Center Quad. This lift services Rosebrook Meadow, a mellow beginner trail. It’s nice to get your sea legs back on this run, but it kind of gets boring for more tenured skiers and riders after a few turns.
The main trail that was open was Range View, which was serviced by the Zephyr High-Speed Quad. It has two small steep sections, but its relative mellowness makes it a beginner piste. The snow was soft and buttery. Crowds were minimal across the ski area, so it allowed for peace of mind.
As the photos show, there was a small snowpack. However, there wasn’t any indication of a thin base (e.g., grass and rocks) on the slopes.
Overall, I was impressed by the snow quality for opening day. These early-season days are typically icy endeavors, but this wasn’t close to that. The above-average temperatures helped with the snowpack’s quality, but the conditions also showed the strength of Bretton Woods’ snowmaking and grooming team.
Bretton Woods will be closed for the next several days. Conditions permitting, the New Hampshire ski area aims to reopen this weekend.
Image/Video Credits: Ian Wood, Bretton Woods
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New Hampshire
Security footage from inside NH Hospital shows speed of events in 2023 shooting
In the days and weeks after last November’s shooting inside New Hampshire Hospital, a lot of information came out about the gunman.
John Madore had a history of schizophrenia, and had previously been a patient at New Hampshire Hospital, a state-run psychiatric facility. Madore was transient, staying in hotels, but in regular contact with loved ones.
An investigation by the New Hampshire Attorney General’s office revealed that Madore obtained the pistol he used to kill Bradley Haas, a security guard stationed in the hospital lobby, from a licensed firearms dealer, even though he was prohibited from having a gun because of his past psychiatric commitments.
The attorney general’s report, released in August, also outlined Madore’s whereabouts that day, before he pulled a rented U-Haul loaded with an additional gun and ammunition into the parking lot of the hospital. The investigatory report included still images and a detailed timeline, but the state declined to release any video footage, despite its longstanding practice of doing so at the conclusion of its investigations into officer-involved shootings.
Security improvements remain a work in progress, one year after NH Hospital shooting
NHPR recently obtained five videos from the state, with angles from both inside and outside the hospital lobby, including a birds eye view that shows the main entrance, security desk and most of the lobby. Portions of the video are redacted or blurred; the state said that decision was made to protect the privacy interests of the families involved.
We sought the footage, through a Right to Know request, with two main goals: To better understand what happened that day and see what, if anything, could have been done differently. And second, to try to understand what changes could be made to improve security.
Here’s what we learned.
What the videos show
The main video from inside the lobby is approximately 30 minutes in length.
Jeff Czarnec, one of two experts NHPR asked to review the footage, served 23 years in law enforcement in Manchester, and now teaches criminal justice at Southern New Hampshire University.
He described the layout of the lobby as appealing and bright, which is important for a psychiatric facility, but that the metal detectors near the entrance could be easily skirted.
“Those are great to have in place,” said Czarnec. “But they’re not necessarily a deterrent to someone who’s looking to do harm.”
And that’s clearly what Madore was looking to do.
NH gun reform failed after hospital shooting. Advocates will try again in 2025.
The video shows him walking from the parking lot dressed in black pants, a flannel shirt and a vest. He moves quickly. As soon as he enters the lobby through the sliding glass doors, he reaches his right hand into his right pocket without breaking stride, and pulls out a gun.
“He just comes right in, and he was fully prepared. I don’t think he even had two feet inside when he started shooting,” Czarnec said.
The video shows Bradley Haas, the security guard, standing at a table next to the metal detector, looking at his phone. He barely has time to lift his head before he’s shot.
“A matter of seconds. There’s no prep, there’s no warning,” Czarnec said.
Haas was a 28-year veteran of the Franklin Police force, rising to the rank of chief. Since retiring from that position, he had been working as a security guard at New Hampshire Hospital for more than three years.
There were questions afterwards about why someone in that position — with his level of experience — wasn’t armed. Attorney General John Formella was asked about this by reporters the day after the shooting, and said that “it wouldn’t be typical for that position to be armed, working the security in the front lobby.”
During the legislative session this year, a bipartisan bill sought to close a perceived gap in the background check reporting system that Madore took advantage of to buy the gun.
Republican state Rep. J.R. Hoell, speaking on the House floor, said the problem wasn’t state gun laws, but instead that Haas wasn’t carrying a gun that day, to protect himself and others.
“So why was the person manning the security booth, manning the metal detector, not carrying a personal firearm that day?” Hoell asked.
There’s no consensus nationally about whether armed security guards are appropriate for acute psychiatric facilities. But what this video from last November makes clear is that having a gun may not have saved Bradley Haas that day.
“Even if he’d been armed, there aren’t many measures you could take that would have prevented what we saw [that day],” said Brian Higgins, who teaches at John Jay College of Criminal Justice, who also reviewed the hospital security footage at NHPR’s request. “It’s almost as if he didn’t have a chance.”
A state trooper confronts the gunman
After Madore shoots Haas, he walks around the lobby firing at bullet proof windows, though that section of the video has been redacted. The attorney general describes in its report that Madore ultimately fires again at Haas while he’s on the ground.
The next set of doors into the hospital are locked, however. Madore is essentially blocked from getting any further into the building.
Approximately 22 seconds after Madore fired his first shot, state trooper Nathan Sleight can be seen on the right side of the frame. He cracks open the door to an office connected to the lobby, where he had been positioned when the gunfire broke out.
Madore sees him, but continues trying to reload his gun. According to the report, Sleight ordered Madore to drop the weapon, but there is no audio footage from the lobby.
Sleight then opens fire from a protected position.
“The trooper there is doing all the right things by virtue of training: conceal and cover,” said Czarnec.
Madore drops to the ground, wounded, leaning up against a wall. He keeps moving his hands, though, trying to reload.
Sleight fires a second time: The muzzle flashes in rapid succession.
“He then shoots again to make sure that that threat is over,” Higgins said. “So I don’t have an issue with that at all. As a matter of fact, that’s good tactics.”
In total, Sleight fired 11 shots, emptying his magazine. The attorney general would later rule he was justified in his use of force; both experts we asked to review this footage agreed with that conclusion.
Just seconds after Madore is shot, the glass sliding doors leading out onto the sidewalk open again. A man wanders into the lobby. The report would later identify this person as a patient of the hospital. He can be seen walking over to Madore, and then to Haas. Sleight quickly ushers him outside.
In the video, Sleight runs to his cruiser parked out front to grab more ammunition; then he runs out of the lobby a second time to grab his bullet proof vest.
Within minutes, Concord police officers and more state troopers are on scene.
They provide cover while Haas is pulled bleeding from the lobby, and transported to nearby Concord Hospital, where he later dies.
Madore is dead at the scene.
A resilient staff remembers a colleague
New Hampshire Hospital had a patient count of 153 the day of the shooting. There were dozens of doctors, nurses, and other staff in the building. In the five minutes before the shooting, 13 people passed through the hospital’s lobby, according to the footage NHPR reviewed.
By pure chance, the lobby was empty — except for the security guard — when Madore entered.
“It is really a great thing that, despite the tragedy, the event was contained in this area and it really could have been far worse than it was,” Ellen Lapointe, New Hampshire Hospital’s CEO, recently said while giving a tour of the lobby.
In the aftermath of the shooting, there were changes made to how staff and visitors enter the building. For instance, the glass sliding doors from the outside no longer open automatically into the lobby.
This will slow down, in theory, anyone looking to do harm.
Everyone now needs a badge or has to check-in to enter. There is also now an armed law enforcement officer positioned in the lobby during visitor hours.
Next January, a major construction project that was already in the works will completely overhaul the entry and traffic flow.
But for now, this space is the main in-and-out point for staff.
Every day, they’re walking right past where their colleague Bradley Haas was killed.
Lapointe says it’s been a hard year.
“There’s been a tremendous amount of resiliency of the staff and a really great focus on patient care, as well as honoring Brad’s memory and really remembering him, for the positive, kind, helpful gentleman that he was,” said Lapointe. “And trying to not focus on the tragedies that occurred here.”
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