Committee Summary for House Finance Division I (02/05/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:02:44.400 - 8:30:25 AM	General Working Session	Unclear
HB246 00:21:21.840 - 8:49:02 AM	General Working Session	directing the state conservation committee to implement the conservation district climate resilience grant program and making an appropriation therefor.	Aron, Judy(R)[A]2024
HB246 04:36:42.240 - 1:04:23 PM	General Working Session	directing the state conservation committee to implement the conservation district climate resilience grant program and making an appropriation therefor.	Aron, Judy(R)[A]2024

Unclear: Commissioner Jasper, Department of Agriculture Information Only00:02:44.400 - 8:30:25 AM; Commissioner Jasper provided a comprehensive overview of the Department of Agriculture's operations and structure. He started by discussing the Office of the Commissioner, which includes an Administrative Assistant, an accountant, and the Assistant Commissioner overseeing the Food Safety Modernization Act, which is fully federally funded. The Agricultural Development division was described as promoting agriculture, managing the New Hampshire building at the Big E, handling publications, and managing grants. The Division of Pesticides deals with licensing and product registration, with a significant portion of funds dedicated to this division. Regulatory Services cover a range of activities including pet food and animal feed registration. Weights and Measures oversees the licensing and testing of various measurement devices across the state, with ongoing discussions about the necessity of inspectors being part-time police officers. The Animal Industry division primarily deals with pet vending and animal welfare issues, while the Plant Industry focuses on licensing greenhouses and preventing invasive species. The department recently moved to Capital Place, and the Metrology division, part of Weights and Measures, has resumed operations. Soil Conservation, administratively attached to the department, was also briefly discussed.
Unclear: Unnamed Committee Member Information Only00:12:05.839 - 8:39:46 AM; The committee member asked Commissioner Jasper about the total head count of employees in the Department of Agriculture. Jasper responded that there are 44 full-time positions, with an additional part-time employee from the Department of Information Technology (DOIT) who spends 90% of their time with the department. There are also part-time positions in various divisions including FSMA, Agricultural Development, Animal Industry, and a hearings officer.
Unclear: Unnamed Committee Member Information Only00:12:56.000 - 8:40:37 AM; The committee member inquired about the Department of Administrative Services providing HR services to smaller agencies, including the Department of Agriculture. Jasper confirmed that they have been contracting HR services from Administrative Services for about three years, and it has been working well for them.
Unclear: Representative Wer Information Only00:14:05.720 - 8:41:46 AM; Representative Wer asked if the longer growing season has benefited agriculture in New Hampshire. Commissioner Jasper noted that while the growing season has indeed been longer, the variable weather conditions, including droughts and heavy rains, pose challenges. He mentioned that farmers are increasingly using greenhouses and hoop houses to mitigate these weather variables, and he cited an example of a large operation in Brookline that was able to extend its harvest season significantly.
Unclear: Representative Eil Information Only00:15:18.680 - 8:42:59 AM; Representative Eil expressed concerns about invasive species, particularly Japanese knotweed, and asked for details on the Department's efforts to combat this issue. Commissioner Jasper described the difficulty in eradicating Japanese knotweed due to its deep roots and the current lack of effective treatments. He mentioned the department's limited funding and staffing for invasive species management, which focuses on coordination and education, especially with towns. The discussion also touched on other invasive species like bittersweet, and their impact on New Hampshire's forests.
Unclear: Commissioner Jasper, Department of Agriculture Information Only00:18:36.120 - 8:46:17 AM; Commissioner Jasper responded to a question about the Big E, explaining its historical and current role in promoting New Hampshire agricultural products. He emphasized that the event is largely self-funded and does not drain state resources, with a group called Champions of New Hampshire Farms contributing significantly. He also clarified that the department is not directly involved with other local fairs like the Hopkinton or Deerfield fairs, except for their participation in the Farm, Forest, and Garden event.
HB246: Commissioner Jasper, Department of Agriculture Information Only00:21:21.840 - 8:49:02 AM; Commissioner Jasper provided detailed information on various activities and challenges faced by the Department of Agriculture. He discussed the Division of Weights and Measures, explaining their jurisdiction over measuring devices in the state and their efforts to ensure accuracy in various products like beer and cordwood. He also addressed the spread of bird flu, stating it consumes a significant amount of time for the department, and mentioned the lack of student internships due to staffing and time constraints. Jasper highlighted the need for new positions, including an assistant commissioner and a biological scientist to deal with invasive species, explaining that the department's workload has been overwhelming. He also discussed the department's financial situation, noting that they return more money to the general fund than they take out, and mentioned potential increases in fines and fees to generate more revenue. He addressed budget cuts, explaining reductions in various funds and vehicle replacements to meet a 4% budget reduction, and discussed the potential for funding the Conservation District resilience grant program through other means.
HB246: Representative Rung Information Only00:22:25.120 - 8:50:06 AM; Representative Rung asked Commissioner Jasper about the Division of Weights and Measures, specifically about the calibration of weights in public-facing places like grocery stores. Jasper clarified that the department's jurisdiction covers any measuring device in New Hampshire, including those used for bottling beer and selling cordwood. Rung also inquired about the division's involvement in tracking the spread of bird flu, to which Jasper responded that it has been a significant issue, requiring regular national calls and collaboration with other departments to collect milk samples from dairy farms.
HB246: Representative Mths Information Only00:24:43.960 - 8:52:24 AM; Representative Mths asked about the department's involvement in student internships and the addition of new positions. Commissioner Jasper explained that they do not have the capacity for internships and that the new positions, including a biological scientist and an assistant commissioner, are necessary to deal with invasive species and manage the department's workload effectively. Jasper also mentioned the department's financial status, noting that they contribute more to the general fund than they take out.
HB246: Representative Evil Information Only00:32:48.760 - 9:00:29 AM; Representative Evil inquired about the department's budget cuts and the impact on personnel and programs. Commissioner Jasper explained that to meet the 4% budget reduction, they reduced funding for the cost of care fund, fair grants program, and land preservation fund, and eliminated new vehicle purchases. He emphasized that the department's low demand on the general fund meant no further reductions were requested by the governor.
HB246: Representative Leean Information Only00:35:10.119 - 9:02:51 AM; Representative Leean asked about the absence of the Conservation District resilience grant program from the department's budget. Commissioner Jasper explained that due to the budget reductions, he could not justify including it in the budget request but expressed hope for alternative funding sources. He also discussed a federal crop loss program and its potential use for climate resiliency projects.
HB246: Representative Griffin Information Only00:42:02.200 - 9:09:43 AM; Representative Griffin asked about the number of invasive species and their impact on New Hampshire. Commissioner Jasper mentioned several major invasive plants and bugs, noting that there are approximately 100 species on their list and that some species continue to enter the state despite efforts to prevent them.
HB246: Representative Ron Information Only00:43:20.559 - 9:11:01 AM; Representative Ron inquired about the department's certification of vendors and communication about violations. Commissioner Jasper acknowledged the merit in such a system but noted that it has not been historically done by the department. He mentioned potential discussions with the Department of Justice about implementing such measures to better serve consumers.
HB246: Representative Eil Information Only00:45:27.559 - 9:13:08 AM; Representative Eil discussed the department's functionality and staffing issues. Commissioner Jasper explained that the department was understaffed and overworked, and the new positions were necessary to bring it to a functional level. He highlighted the specific challenges in the pet vending division, suggesting that additional staffing might be needed to meet statutory requirements.
HB246: Chair Information Only00:53:12.599 - 9:20:53 AM; The Chair opened the work session on House Bill 246 and recognized Representative Cells for a motion to retain the bill. After no discussion, the motion to retain was seconded by Representative Eel, and the Chair explained that funding for such bills is typically incorporated into House Bill 2.
HB246: Representative Camal Information Only00:54:35.760 - 9:22:16 AM; Representative Camal expressed support for the motion they made regarding HB246, describing it as a worthy effort and project. They suggested that the committee should consider it further down the road once funding is secured.
HB246: Representative Lehman Information Only00:56:07.319 - 9:23:48 AM; Representative Lehman provided information on the public support for the bill, noting that 12 people spoke in favor during a previous hearing before the Finance Committee. They mentioned potential duplicate names on the attendance sheet but confirmed the general support.
HB246: Representative Eel Information Only00:59:59.280 - 9:27:40 AM; Representative Eel inquired about a potential EPA rule on wastewater treatment plants, specifically regarding the treatment of water released after processing for contaminants like PFAS. They expressed concern about the potential impact on necessary upgrades for wastewater treatment facilities.
HB246: Tracy Wood, Administrator for the Wastewater Engineering Bureau at New Hampshire DES Information Only01:01:06.920 - 9:28:47 AM; Tracy Wood provided detailed information on the current status of wastewater treatment regulations concerning PFAS. They explained that monitoring requirements for PFAS are included in NPDES permits for wastewater treatment facilities, with the majority of facilities already having these requirements. Wood highlighted the economic infeasibility of treating all wastewater for PFAS and emphasized the importance of source reduction and industrial pretreatment. They also discussed the challenges faced by aging infrastructure and the limitations of capacity in some communities.
HB246: Representative Wer Information Only01:05:32.079 - 9:33:13 AM; Representative Wer asked about the funding source for the money mentioned in the discussion, specifically whether it was federal or state funds. Tracy Wood clarified that the funds discussed were from the state's general fund, derived from principal and interest payments on completed wastewater infrastructure projects. Wood also mentioned the existence of federal funds in their bureau through the Clean Water SRF program but highlighted the significant demand versus the available funding.
HB246: Representative Rung Information Only01:07:19.359 - 9:35:00 AM; Representative Rung discusses the funding situation of the State Aid Grant (SAG) program, highlighting its intermittent funding and the challenges this poses for communities planning multi-year, multi-million dollar projects. Communities need assurance that funds will be available when they commit to these projects through warrant articles, which they cannot currently receive due to the unpredictability of SAG funding.
HB246: Representative Month Information Only01:08:30.759 - 9:36:11 AM; Representative Month inquires about the current amount in the State Aid Grant fund and receives information that $27.9 million was appropriated in the 2023 session for maintenance payments and new awards. It is estimated that $21.5 million will be used in 2024 and 2025, leaving about $6.4 million for new grants. Further, there was a request for $10.2 million in the budget for fiscal years 26 and 27, primarily for maintenance payments.
HB246: Representative R Information Only01:09:50.319 - 9:37:31 AM; Representative R seeks clarification on the funding for the State Aid Grant program and requests a historical and future accounting of the fund. Additionally, they ask about the percentage of wastewater treatment plants in New Hampshire that are tertiary and whether all plants discharge into riverways. They are informed that the majority are secondary, with a few newer plants being tertiary, and most discharge through a NIP permit, with some using groundwater discharge due to location.
HB246: Representative Ms Information Only01:11:06.120 - 9:38:47 AM; Representative Ms seeks to confirm if the $15 million funding is necessary to access $600 million in federal funding. It is clarified that this funding is not for the state match required by federal programs but for the separate State Aid Grant program, which provides grants after project completion. The importance of having committed funds for future projects is reiterated.
HB246: Representative Evil Information Only01:12:46.280 - 9:40:27 AM; Representative Evil discusses the direct connection between wastewater treatment plant capacity and housing development, noting that insufficient capacity can hinder new housing projects. They emphasize the need for stable funding to support infrastructure improvements that can facilitate housing development.
HB246: Representative Campbell Information Only01:14:43.719 - 9:42:24 AM; Representative Campbell moves to retain House Bill 97 FN, which is seconded and passed unanimously by the committee.
HB246: Representative Cell Information Only01:16:08.960 - 9:43:49 AM; Representative Cell moves to retain House Bill 197 FN, which is seconded by Representative Eel. The motion passes, and the committee proceeds to discuss the bill, focusing on its implications for property tax relief and state funding for education.
HB246: Representative R Support01:17:21.400 - 9:45:02 AM; As a co-sponsor of the bill, Representative R argues for House Bill 197, highlighting the unsustainable nature of current property taxes and the need for state-level relief. They mention increased costs across various sectors and the importance of preventing residents from being driven out of communities due to high property taxes.
HB246: Representative Wler Oppose01:18:35.520 - 9:46:16 AM; Representative Wler expresses concerns about the unpredictability of the costs associated with House Bill 197 and its potential impact on the state budget. They argue that the bill could lead to uncontrolled spending increases and note that previous efforts to reduce property taxes did not result in noticeable reductions for taxpayers.
HB246: Representative Mths Support01:19:36.719 - 9:47:17 AM; Representative Mths expressed support for HB246, echoing the sentiments of Representative Rung. He highlighted that if passed, the bill would provide $780,000 to the Epping School District, enabling them to cover the full cost of a teacher's contract without increasing property taxes. He believes this would have a positive impact on municipalities and school districts.
HB246: Unnamed Speaker Oppose01:20:48.679 - 9:48:29 AM; The unnamed speaker opposed the funding structure of the bill, criticizing the incentive it creates for increased spending. They compared it to sales promotions that boost sales and argued that the federal government often uses similar tactics. They suggested that a better approach to subsidizing would be similar to the adequate education funding model, which they believe does not encourage unnecessary spending.
HB246: Representative Lehan Information Only01:22:05.080 - 9:49:46 AM; Representative Lehan provided information on the financial implications of the bill, noting that it would cost $28 million in the first year and expressing concern about a potential $500 million deficit facing the state. This was mentioned as a point of consideration for moving forward with the bill.
HB246: Unnamed Speaker Information Only01:22:42.239 - 9:50:23 AM; The unnamed speaker announced the results of a vote on House Bill 197, which was retained with a unanimous vote. The speaker also discussed future scheduling for the committee, mentioning the upcoming governor's budget address and subsequent committee meetings. They outlined the planned meeting schedule, adjusting for holidays and other commitments, and highlighted the importance of meeting frequently to address the budget.
HB246: Representative Lehan Information Only01:28:19.880 - 9:56:00 AM; Representative Lehan questioned the scheduling decision to have Tuesdays off, expressing concern that it might hinder the committee's ability to complete their work on time, given the tight schedule leading up to the budget deadline. They suggested the possibility of having another representative chair the committee on those days to keep the work progressing.
HB246: Unnamed Speaker Information Only01:29:26.199 - 9:57:07 AM; The unnamed speaker addressed Representative Lehan's concerns about the scheduling, agreeing to try the proposed schedule for February and assess its effectiveness. They expressed confidence in Representative Cambrell's ability to chair the committee on Tuesdays if necessary and acknowledged that the workload might lighten after March 6th due to the deadline for early bills.
HB246: Unnamed Speaker Information Only03:47:13.840 - 12:14:54 PM; The unnamed speaker welcomed Commissioner Hanks from the Department of Corrections at 1:15, indicating a transition to a new topic or session.
HB246: Helen Hanks, Commissioner of the Department of Corrections Information Only03:48:11.279 - 12:15:52 PM; Commissioner Helen Hanks provided a comprehensive overview of the Department of Corrections' operations, starting with an introduction of her team, including Lisa Stone, the director of administrative services. She emphasized the importance of understanding the department's statutory obligations, mission, vision, and core values, which were detailed in the provided packet. Hanks outlined the organizational structure and facilities managed by the department, including three correctional facilities, a secure psychiatric unit with a residential treatment unit, a transitional work center for men outside the secure perimeter, and one within the secure perimeter for women at the New Hampshire Correctional Facility for Women. Additionally, the department operates three transitional housing units in Manchester and Concord, providing details on capacities and current population statistics as of January 1, 2025. Hanks presented data on the resident population, including sentence structures and demographics by age, race, and crime type, noting an increase in the severity of crimes and corresponding sentence lengths over time. She discussed the department's efforts in reducing recidivism rates from 48% to 40% since 2018, attributing this to various initiatives aimed at treatment and rehabilitation. Hanks also addressed the high caseloads in probation and parole, highlighting efforts to align with national standards and the department's focus on reducing parole violations. Financial aspects were also covered, with Hanks explaining the department's funding sources, primarily general funds, and detailing how they manage budgets, including the use of ARPA funds and the strategic allocation of overtime funding. She discussed the impact of a new Medicaid re-entry waiver on reducing healthcare costs and the department's efforts in managing prescription drug and medical payments. Hanks concluded by thanking the legislature for their support in improving staff salaries and outlined ongoing recruitment and retention initiatives, including the use of technology like body and vehicle cameras to enhance operational efficiency and transparency.
HB246: Representative Muns Information Only03:54:51.640 - 12:22:32 PM; Representative Muns inquired about the reduction in caseloads, expressing admiration for the progress made. He asked for clarification on industry standards for caseloads and whether the decrease in caseloads was due to shorter probation periods or fewer individuals being sentenced to probation. Hanks explained that the reduction is due to a combination of fewer crimes being committed and successful diversion efforts, including specialty courts and community reintegration programs.
HB246: Representative Evil Information Only03:56:56.399 - 12:24:37 PM; Representative Evil sought clarification on the difference between probation and parole, which Hanks explained as court-ordered supervision versus supervision after incarceration, respectively. He also asked about the impact of incarceration rates remaining static while parole numbers decreased, which Hanks attributed to the nature of crimes being more violent and efforts to reduce parole violations. Evil also inquired about the effectiveness of specialty courts and the importance of smaller caseloads for parole officers, to which Hanks responded by discussing the inconclusive studies but emphasizing the success of specialty courts and the need for adequate staffing to manage varying risk levels effectively.
HB246: Representative Ms Information Only04:02:42.159 - 12:30:23 PM; Representative Ms, new to the committee, questioned the significant decrease in budget from fiscal year 25 to 26, to which Hanks explained it was due to the cessation of ARPA funding and strategic adjustments in overtime funding. He also asked about the storage and management of footage from body and vehicle cameras, with Hanks confirming they use evidence.com and manage it internally without additional staffing, though they noted the need for a full-time redaction position.
HB246: Representative McGuire Information Only04:11:10.159 - 12:38:51 PM; Representative McGuire asked about the impact of Medicaid cuts on the department's budget, with Hanks explaining that a potential $2 million liability could arise if federal Medicaid coverage were reduced. He also inquired about the reasons for the lower budget in fiscal year 27 compared to 26, to which Hanks attributed it to hopes of better managing costs through Medicaid and reducing reincarceration rates.
HB246: Representative Cell Information Only04:20:06.920 - 12:47:47 PM; Representative Cell suggested considering co-op programs with institutions like Northeastern University for recruiting new law enforcement officers, which Hanks acknowledged as a valuable recommendation and noted existing partnerships with high schools and colleges for recruitment.
HB246: Unidentified Speaker Information Only04:36:42.240 - 1:04:23 PM; The speaker discussed the costs associated with incarceration, mentioning a daily cost of around $452, and questioned the yearly cost of incarceration and parole, which were stated as $8,542 and $858,780 respectively. They expressed concern over these figures and the need to understand the financial implications better.
HB246: Unidentified Speaker Information Only04:37:38.919 - 1:05:19 PM; The speaker discussed funding for Waypoint, a youth homeless shelter, and its potential to help with incarceration diversion programs. They also mentioned a young adult court pilot and asked about the population aged 17 to 24 who return to incarceration, emphasizing the cost savings if such programs could prevent repeat offenses. The speaker also inquired about the number of 17 to 30-year-olds entering incarceration from homelessness, mental health, and substance abuse issues, highlighting the need to justify investments in these areas based on potential savings.
HB246: Unidentified Speaker Information Only04:39:59.878 - 1:07:40 PM; The speaker continued the discussion on the young adult court pilot, mentioning the need for at least one probation and parole officer to support the program. They could not provide data on the housing status of inmates prior to incarceration but noted that around 45% of incarcerated individuals have a substance use disorder as a primary diagnosis, suggesting a high prevalence of mental health issues among this age group. They emphasized that any day spent avoiding incarceration could result in significant savings.
HB246: Representative Evil Information Only04:41:05.760 - 1:08:46 PM; Representative Evil asked about the percentage of individuals in jail awaiting trial for extended periods and learned that the state facility does not hold detainees awaiting trial, but rather the county jails do. They also inquired about the handling of federal prisoners and learned that the state does not hold individuals for federal sentences but may transfer state inmates to federal custody.
HB246: Unidentified Speaker Information Only04:43:27.280 - 1:11:08 PM; The speaker provided information on the interstate agreement process for housing prisoners from other states, explaining that New Hampshire tries to maintain a one-to-one exchange. They clarified that the cost of housing is absorbed by each state, with exceptions for off-site healthcare costs. The speaker also mentioned not having data on the origins of inmates in New Hampshire.
HB246: Unidentified Speaker Information Only04:46:43.760 - 1:14:24 PM; The speaker responded to inquiries about the condition and cost of correctional facilities. They mentioned ongoing geological analysis for a new men's prison facility and plans for soliciting proposals for construction documents. The women's prison is in good condition, while the Northern New Hampshire Correctional Facility requires maintenance. The New Hampshire State Prison for Men is experiencing infrastructure issues, particularly with its HVAC system and boilers.
HB246: Unidentified Speaker Information Only04:50:40.798 - 1:18:21 PM; The speaker addressed the possibility of expanding the Berlin facility, expressing concerns about recruiting staff to work there. They also discussed the challenge of relocating families and the need for diverse professionals to operate the facility.
HB246: Representative Rung Information Only04:51:08.718 - 1:18:49 PM; Representative Rung discussed the importance of preventing high school dropouts due to their higher risk of incarceration. They asked about the educational background of the 17 to 30-year-old population in correctional facilities but were informed that this data was not immediately available.
HB246: Representative People Information Only04:52:19.040 - 1:20:00 PM; Representative People inquired about the capital budget for improvements to the correctional facility in Concord. They were informed that the total budget for 15 projects was around $693 million, with the top three projects being the New Hampshire State Prison for Men's steam lines and traps, replacement of the body alarm system at the Northern New Hampshire Correctional Facility, and boiler replacements at the New Hampshire State Prison for Men, totaling about $5.5 to $6 million.
HB246: Unidentified Speaker Information Only04:53:29.480 - 1:21:10 PM; The speaker responded to a question about the possibility of staff relocating to the Berlin facility, stating that while there are enough vacancies to allow for transfers, the challenge lies in relocating entire families and ensuring a diverse professional staff. They acknowledged improvements in the Berlin and Gorham community but highlighted the difficulty in attracting the necessary professionals.
HB246: Unidentified Speaker Information Only04:55:47.200 - 1:23:28 PM; The speaker concluded the session by discussing the need to update the daily incarceration cost figures and the ongoing efforts to update information on the website and complete fiscal year reports.
HB246: Unidentified Speaker Information Only05:33:06.760 - 2:00:47 PM; The speaker announced that it was 3:00 PM and welcomed the Attorney General to discuss the Department of Justice.
HB246: John Formela, Attorney General Information Only05:34:20.558 - 2:02:01 PM; John Formela, serving as the Attorney General, along with Kathy Carr, the Director of Administration, presented an agency overview to the committee. Formela discussed the structure and functions of the Department of Justice, emphasizing the various roles of the Attorney General, including chief law enforcement officer, chief prosecutor, chief legal officer, and chief public protection officer. He detailed how the office operates, including its relationship with county attorneys, the handling of specific types of cases, and the structure of the department, which is divided into the Division of Public Protection and the Division of Legal Counsel. He also mentioned the administrative attachment of the Human Rights Commission to the DOJ, the functions of the Office of the Solicitor General, the Chief Medical Examiner's Office, and other administrative units within the department. Formela addressed questions about the coordination with county attorneys, the handling of specific cases, and the administrative support provided to the Human Rights Commission.
HB246: Unidentified Speaker Information Only05:41:13.040 - 2:08:54 PM; The unidentified speaker asked John Formela about the relationship between the Attorney General's office and county attorneys, specifically regarding jurisdiction and decision-making authority over criminal cases. Formela explained the Attorney General's broad jurisdiction and how it delegates most functions to county attorneys, but can step in if necessary. He also detailed the types of cases exclusively handled by the Attorney General's office, such as murder cases and public integrity cases involving law enforcement officers or state officials.
HB246: Representative M Information Only05:42:13.878 - 2:09:54 PM; Representative M asked about the relationship between the Attorney General's office and county attorneys, seeking clarification on the organizational structure and decision-making authority. Formela responded by explaining the Attorney General's broad jurisdiction, the independence of county attorneys, and the conditions under which the Attorney General might assume control of a case.
HB246: Representative R Information Only05:47:45.920 - 2:15:26 PM; Representative R inquired about the number of employees in the Attorney General's office and the vacancy rate. Formela stated there were 213 total positions, including temporary positions, and 195 permanent positions, with about 19 vacancies. He also mentioned that all positions were full-time and that they would continue with the presentation.
HB246: Representative R Information Only05:48:48.120 - 2:16:29 PM; Representative R asked about the representation of the public by the Attorney General's office, particularly in discrimination claims and other public protection functions. Formela explained that the office represents the public in various capacities, including law enforcement, charitable trust oversight, consumer protection, election law enforcement, and civil rights enforcement.
HB246: Representative R Information Only05:51:43.000 - 2:19:24 PM; Representative R sought clarification on the Attorney General's role when there is a conflict between the executive and legislative branches. Formela explained the Attorney General's position within the executive branch and the need to balance directives from the governor with the independent obligations to the public and the state. He highlighted that the Attorney General's decisions are guided by the best interest of the state, with some responsibilities stemming from common law.
HB246: Representative Cambrell Information Only05:57:44.958 - 2:25:25 PM; Representative Cambrell asked about the process for handling environmental cases, specifically whether referrals come from the Department of Environmental Services (DES) or if citizens can reach out directly. Formela confirmed that while citizens can contact the office directly, many cases are referred by DES.
HB246: Representative R Information Only05:58:56.200 - 2:26:37 PM; Representative R asked about the Attorney General's office's interface with peace officers in environmental cases. Formela explained that while it's rare for police officers to be involved directly, the office often works with DES on environmental cases referred to them.
HB246: Representative Ms Information Only06:07:23.360 - 2:35:04 PM; Representative Ms asked about the administrative services provided by the Attorney General's office to the Human Rights Commission. Formela clarified that the services were purely administrative and did not involve legal functions, which are handled separately by providing client counseling to the commission.
HB246: Representative Ms Information Only06:12:52.920 - 2:40:33 PM; Representative Ms inquired about the payroll system used by the Attorney General's office. Kathy Carr explained that the office uses New Hampshire First, a state-wide system for financial and payroll functions, and that hourly staff use workforce management for timekeeping, which integrates with New Hampshire First.
HB246: Representative Cell Information Only06:16:18.958 - 2:43:59 PM; Representative Cell raised concerns about the potential for prisoners at the state prison to file lawsuits claiming abuse or molestation, similar to the situation at the Youth Development Center (YDC). The response indicated that while there have been cases alleging such incidents in adult facilities, the dynamics are different with adults, suggesting a lower likelihood of unreported cases compared to those involving youth. The speaker also mentioned that many YDC plaintiffs are currently incarcerated, though exact numbers were not provided.
HB246: Representative Mens Information Only06:19:47.478 - 2:47:28 PM; Representative Mens inquired about the impact of YDC cases on the judicial system, referencing a previous statement from the Chief Justice. The response acknowledged the significant workload on the Attorney General's office and the judicial branch due to YDC cases, involving civil litigation, settlement funds, and criminal cases. It was noted that while the judicial branch is impacted, the burden is greater on those litigating the cases. The speaker was reassured that current resources are adequate, with no expected increase in the future.
HB246: Representative W Information Only06:22:39.840 - 2:50:20 PM; Representative W discussed the financial implications of the YDC settlement fund, mentioning that the initial estimate of $100 million had risen to $500 million. The speaker suggested limiting attorney fees to below the current 33.33% cap, arguing for a declining percentage for multiple cases handled by one attorney. Additionally, Representative W proposed compulsory psychiatric counseling as part of settlements to help victims, expressing concern about the system being exploited as a 'get-rich-quick scheme'.
HB246: General Fela Information Only06:25:44.040 - 2:53:25 PM; General Fela responded to concerns about the YDC settlement fund, emphasizing the difficulty in predicting total costs due to the variability and individual nature of each claim. The speaker acknowledged the need for continuous evaluation of claims and the administration's role in connecting victims with resources like counseling. General Fela also agreed that attorney fees need scrutiny, particularly as the process continues and the workload per case might decrease.
HB246: Representative Eil Information Only06:30:55.878 - 2:58:36 PM; Representative Eil sought clarification on the costs associated with handling YDC claims, estimating the total annual expense to be between $5 to $10 million across civil, criminal, and administrative costs. The speaker also discussed the dual filing system of claims in both the claims process and Superior Court, confirming that once a claim is settled through one route, it cannot proceed in the other. General Fela confirmed that nearly 900 claims have been filed through the claims process, with around 1400 to 1500 civil cases in Superior Court.
HB246: Representative C Information Only06:34:41.200 - 3:02:22 PM; Representative C questioned the potential number of people who could file claims related to YDC, suggesting that knowing the total number of individuals who went through YDC could help set bounds on potential financial liabilities. General Fela agreed that such data could be obtained, acknowledging the importance of having that information to better manage future expectations and costs.
HB246: Representative R Information Only06:35:56.920 - 3:03:37 PM; Representative R asked about the structure of attorney fees in YDC settlements, clarifying whether the fee comes out of the awarded amount or is paid additionally. General Fela explained that the fee is a percentage of the award, capped at 33.33%, and that attorneys can negotiate lower percentages with their clients. The speaker also responded to a question about settlements contingent on therapy, stating he was unaware of such arrangements in these cases.
HB246: Representative Ms Information Only06:39:32.280 - 3:07:13 PM; Representative Ms raised the topic of sovereign immunity and whether the state had locked itself into terms by setting up the YDC settlement system. General Fela confirmed that the state retains the ability to change the terms for future claims but is bound by awards already made. The speaker also inquired about the appropriateness of the committee discussing the administration of the fund with its administrators, to which General Fela responded that such discussions are appropriate as long as they avoid specifics of individual cases.
HB246: Representative W Information Only06:45:37.280 - 3:13:18 PM; Representative W brought up a case where a claimant switched attorneys and faced a lawsuit from the original attorney for a portion of the settlement. General Fela clarified that the state was not a party to that lawsuit but is monitoring the situation to protect victims' interests. The speaker also discussed the broader impact of YDC-related cases on the judicial system, including cases involving contractors, noting that the state is often included in such lawsuits.
HB246: Representative Months Information Only06:47:43.398 - 3:15:24 PM; Representative Months inquired about guidelines from the Department of Justice to local law enforcement on enforcing immigration laws. General Fela confirmed there are no recent guidelines and no plans to issue new ones, though there is precedent for issuing guidance on other law enforcement topics. The speaker then moved to discuss budget increases, noting the Department of Justice's significant increase in General Fund usage from fiscal year 19 to 25.
HB246: Unknown Speaker Information Only06:50:42.680 - 3:18:23 PM; The speaker discusses the significant increase in the department's budget, attributing it to new positions, grants, and rent increases. They mention that $5.2 million of the general fund increase goes to various grants, such as those for child advocacy centers, internet crimes against children task force, local departments on the drug task force, and human trafficking. Additionally, they noted a million-dollar increase in rent due to the department's move to a new building. The speaker also clarified that not all of the general fund increase is for new positions but includes salary raises across the board. They discussed the conversion of assistant Deputy medical examiners from contractors to full-time employees, which did not result in a cost increase but reduced the number of people working in that capacity. They also mentioned expecting some positions to be unfunded in the governor's upcoming budget.
HB246: Representative Lehman Information Only06:54:38.920 - 3:22:19 PM; Representative Lehman pointed out that the legislature has supported the Attorney General's budget increases in the past, specifically mentioning the creation of an Elderly Fraud Unit and additional staff to handle fraud and elder abuse cases. He noted that the increased budget was necessary to fulfill these requests from the legislature.
HB246: Unknown Speaker Information Only06:55:46.398 - 3:23:27 PM; The speaker elaborates on new functions and units added to the Department of Justice, such as the Elder Abuse Financial Exploitation Unit, Data Privacy Unit, Election Law Unit, Public Integrity Unit, and additional civil litigator positions. They stressed that the workload of the department has increased significantly due to various high-profile cases, including YDC and school funding cases, leading to the need for more staff to handle the workload efficiently and avoid hiring outside counsel. They also mentioned ongoing reviews for efficiencies and unfunded positions in the upcoming budget.
HB246: Representative Eel Information Only07:00:06.958 - 3:27:47 PM; Representative Eel inquired about specific budget cuts requested by the governor and the status of settlement money from environmental cases. The speaker deferred answering the budget cuts question until the next presentation and mentioned that the first tranche of settlement money from the P cases has not yet been received, but more recoveries are expected. They also discussed ongoing litigation in social media and opioid cases, expecting further financial recoveries.
HB246: Representative Run Information Only07:03:32.280 - 3:31:13 PM; Representative Run asked about other funding sources for the department, such as the Charitable Trust unit and the Assistant Deputy Medical Examiners, which are self-funded from fees and reimbursements. They also questioned the distinction between DOJ lawyers and attorneys within other departments like DES, to which the speaker explained that DOJ lawyers handle court representation and enforcement actions, while agency lawyers assist with tasks like rule-writing.
HB246: Unknown Speaker Information Only07:07:24.840 - 3:35:05 PM; The speaker addressed concerns about potential liability from halted federal funds, stating that most grant agreements have terms contingent on the state's continued receipt of federal funds. They discussed the complexities of federal grant funding and the ongoing efforts to assess the impact of any potential federal funding pause. The speaker reassured that the DOJ is actively working with agencies to understand and mitigate any potential issues.
HB246: Representative Wer Information Only07:11:57.798 - 3:39:38 PM; Representative Wer requested a list of organizations receiving grants and expressed frustration over not utilizing legislators as expert witnesses in education funding cases. The speaker clarified that the Supreme Court does not have witnesses on appeal, and they discussed the ongoing efforts to prepare for such cases and the complexities involved.