HOUSE RECORD First Year of the 166th General Court State of Calendar and Journal of the 2019 Session New Hampshire Web Site Address: www.gencourt.state.nh.us Vol. 41 Concord, N.H. Wednesday, May 8, 2019 No. 15X HOUSE JOURNAL NO. 14 (Cont’d) Thursday, May 2, 2019 Rep. Ley moved that the House adjourn. Motion adopted. HOUSE JOURNAL NO. 15 Wednesday, May 8, 2019 The House assembled at 10:00 a.m., the hour to which it stood adjourned, and was called to order by the Speaker. Prayer was offered by House Chaplain, Reverend Kate Atkinson, Rector of St. Paul’s Church in Concord. Loving God, as we celebrate this month of Mental Health Awareness, we give You thanks for the many people who are working to erase the stigma of mental illness, and to bring enlightenment, understanding, and ac- ceptance to all. Each of us have encountered mental illness during our lifetime; whether it affected a friend, a colleague, a family member, or whether we have had a personal experience of mental illness, we know that there is no more shame in such suffering than from a cancer diagnosis, a chronic condition, or a broken bone. Thank You God, for those courageous people of all ages, backgrounds and life experiences, who have shared their stories openly and honestly. Thank You for the therapists, doctors, social workers, and researchers; for national and local organizations dedicated to promoting mental health; and for the family members, friends, and other supporters, who have accompanied them on their challenging journeys, helping them find balance, strength, acceptance, and the ability to embrace life in all its fullness. Give us all the courage to be open and honest about our own journeys. Inspire us to overcome our individual fears and prejudices, knowing that You love each one of us as Your own precious child. Help us to see ourselves, and each other, as You see us all, and to love one another as You love us. Amen. Representative Gregory Hill, member from Northfield, led the Pledge of Allegiance. The National Anthem was sung by the Winnisquam Chamber Singers, directed by Kirk Young. Choir members included: Haley Libby, Emily Martin, Abby Long, Joy Roberts, Megan Dubiel, Gabriella Castrillon, Isabeau Palmer, Kathryn Long, Shannon Goodwin, Mary Rogers, Madison Genier, Maria Costella, Winter Bardusk, Jessica Laraway, Natalee Germain, Olivia Mills, Hannah Max, Cassandra Caron, Megan Pyra, Gavin Mar- tin, Michael Camerato, Kyla Viana, Patrick Goodwin, Hunter Bardusk, Douglas Jones, Derek DeSousa, Paul Laraway, Jericho Mason, Liam Stacey, Michael Olson, Matt Camerato and Zachary Wood. LEAVES OF ABSENCE Reps. Cote, Dolan, Gidge and Warner, the day, illness. Reps. Bordenet, Chretien, Comtois, DiLorenzo, Feeney, L’Heureux, Lundgren, McBride, McKinney, McNally, Merchant, Morrison, O’Brien, O’Connor, Pantelakos, Rice, Rich, Rooney, Sanborn, Somero, Spillane, Treleaven and Wolf, the day, important business. Reps. Gilman and Varney, the day, illness in the family. INTRODUCTION OF GUESTS Ella Barrett, student at Mascoma Valley Regional High School, Page for the day. Alan Hoffman, Julian Icher, Dorothea Jensen, Julie and Sophia Morrow, guests of the Committee on Public Works and Highways. Dana Giampaolo, and Matthew Finch, guests of Rep. Hill. Maureen Strachan, and Mag- gie Ford, guests of Rep. Ebel. Steve and Kathy Jones, parents of Rep. Verville. Students from Saint Thomas Aquinas Elementary School, guests of Rep. Roy. Fourth-grade students from Greenfield Elementary School, guests of the Derry delegation. 2 8 MAY 2019 HOUSE RECORD INTRODUCTION OF SPECIAL GUESTS The Speaker introduced David Alward, Canada’s Consul General to New England. The Consul General addressed the House. SENATE MESSAGES REQUESTS CONCURRENCE WITH AMENDMENTS HB 354, establishing a committee to investigate whether modification should be made to the time frame for determining permanency pursuant to RSA 169-C:24-b. (Amendment printed SJ 5/2/19) Rep. Long moved that the House concur and spoke in favor. Motion adopted. HB 570, establishing a commission to study career pathways from full-time service year programs to post- secondary education and employment opportunities in support of New Hampshire’s future workforce needs. (Amendment printed SJ 5/2/19) Rep. Myler moved that the House concur and spoke in favor. Motion adopted. HB 663, relative to the definition of agriculture and existing agricultural uses. (Amendment printed SJ 4/25/19) Rep. Gourgue moved that the House concur and spoke in favor. Motion adopted. HB 286-L, relative to free inspection of records under the right-to-know law. (Amendment printed SJ 5/2/19) Rep. Marjorie Smith moved that the House concur and spoke in favor. Motion adopted. HB 353, establishing a committee to study whether non-attorney legal professionals could be licensed to engage in the limited practice of law in the family division of the circuit court while under the supervision of a licensed attorney. (Amendment printed SJ 5/2/19) Rep. Marjorie Smith moved that the House concur and spoke in favor. Motion adopted. HB 457-FN, establishing a committee to study the making, preservation, and Internet availability of audio and video recordings of proceedings of committees of the house of representatives. (Amendment printed SJ 5/2/19) Reps. Wall and Wallner moved that the House concur. Rep. Wall spoke in favor. Motion adopted. CONSENT CALENDAR Rep. Ley moved that the Consent Calendar with the relevant amendments as printed in the day’s House Record be adopted. SB 77-FN, relative to costs of care for animals seized in cruelty cases and prohibiting the future ownership of animals in certain animal cruelty cases, removed by Rep. Rogers. SB 163, relative to permits for operation of solid waste management facilities, removed by Rep. Pearl. SB 197, relative to noncompete agreements for low-wage employees, removed by Rep. Sullivan. SB 147, relative to adoption of the Uniform Fiduciary Access to Digital Assets Act. OUGHT TO PASS. Rep. Rebecca McBeath for Commerce and Consumer Affairs. Currently, NH law does not give fiduciaries the authority to manage a person’s digital property and electronic communications, such as email, photos, music, and documents. Ordinarily, when a person dies or is otherwise unable to manage their affairs, a fiduciary will have the legal authority to manage the person’s property. Fiduciaries have a duty to act in that person’s best interests. The Uniform Fiduciary Access to Digital Assets Act (UFADAA) has two purposes 1) to give fiduciaries legal authority to manage digital assets in the same way they manage tangible assets and financial accounts, and 2) to give custodians of digital assets legal authority to deal with the fiduciaries of their user’s, while respecting the user’s reasonable expectation of privacy. Forty-one states, including Vermont and Maine, have enacted the UFADAA, and it is endorsed by the AARP, Facebook, Google, the Center for Democracy and Technology, and the National Academy of Elder Law Attorneys. Vote 19-0. SB 149, relative to voluntary application of the uniform prudent management of institutional funds act to certain charitable trusts. OUGHT TO PASS. Rep. Rebecca McBeath for Commerce and Consumer Affairs. This bill amends the Uniform Prudent Man- agement of Institutional Funds Act (UPMIFA) to provide expanded investment possibilities for charitable trusts. Under the UPMIFA total return investing and appropriation for expenditure is restricted to “institu- tions” (Charitable Trusts) defined by RSA 292-B:2, that are organized and operated exclusively for charitable purposes. This bill would provide the ability for a trustee of certain trusts, holding assets of greater than 8 MAY 2019 HOUSE RECORD 3 $1,000,000, to apply to the court for authorization to use the total return method of investing and expending assets. This method would allow the trustee(s) to combine the principal, realized and unrealized gains, and the income from permanently restricted assets into a single unit for investment purposes and appropriate, for expenditure from that single unit, a certain percentage annually ranging from zero to 7%. It is expected that this change in statute may benefit up to twelve NH trusts. The NH Attorney General’s Office supports this bill. Vote 18-0. Referred to the Committee on Judiciary. SB 252-FN, relative to the detection and prevention of financial exploitation of vulnerable adults. OUGHT TO PASS. Rep. John Hunt for Commerce and Consumer Affairs. This bill permits broker-dealers and investment advisors to delay disbursements from accounts of eligible individuals when such broker-dealers and investment advisors, or other qualified individuals, reasonably believe that the requested disbursement may result in financial exploitation. This bill is a request of the Bureau of Securities Regulation. Vote 18-0. Referred to the Committee on Health, Human Services and Elderly Affairs. SB 206, excluding the cost of lobbying and political activity from the rates of public utilities. OUGHT TO PASS WITH AMENDMENT. Rep. Wayne Moynihan for Election Law. By creating a new section of NH RSA 378, the law addressing rates charged by public utilities, this bill incorporates into the statute the principle that the costs of lobbying and political activity must be excluded from the rates of public utilities. Excluding such costs from the rate setting process is already expected under the rules of the NH Public Utilities Commission, and by general accounting principles, but has not heretofore been set out in our statutes. Transparency is essential to the rate setting process and will be enhanced by the effect of this bill. The amendment that was adopted simply corrected a word in the title of the new section of law, and did not change the purpose or effect of the bill. Vote 18-0. Amendment (1474h) Amend RSA 378:30-e as inserted by section 1 of the bill by replacing it with the following: 378:30-e Exclusion of Lobbying and Political Activity Costs From Rates.