Committee Summary for House Judiciary (03/19/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:03:36.319 - 12:32:27 PM	General Working Session	Unclear

Unclear: Christine Young, Director of Audits for the Legislative Budget Assistance Office Information Only00:03:36.319 - 12:32:27 PM; Christine Young introduced the performance audit report on the New Hampshire Commission for Human Rights. She mentioned that John Clinch, the in-charge manager from their office, would present the report. She also acknowledged the presence of Katrina Taylor, the acting assistant director of the commission, and Elizabeth Ash, a commissioner, who were helpful during the audit process. The audit was presented to the fiscal committee on February 21st.
Unclear: John Clinch, Senior Audit Manager with the Office of Legislative Budget Assistant Information Only00:04:41.680 - 12:33:32 PM; John Clinch presented the performance audit report on the New Hampshire Commission for Human Rights. He outlined the audit's objective to determine the commission's efficiency and effectiveness in enforcing anti-discrimination laws. The audit covered state fiscal years 2020 through 2023. He summarized the findings, noting inefficiencies and delays in case processing, and detailed 25 observations with recommendations, most of which the commission concurred with. He also discussed the need for legislative action on two recommendations, the types of cases handled by the commission, and specific issues with case processing, management controls, data accuracy, case management systems, strategic planning, risk assessment, performance measurement, policies and procedures, confidentiality, conciliation process, and compliance with previous audit findings.
Unclear: Representative Smith Information Only00:22:30.880 - 12:51:21 PM; Representative Smith acknowledged the presence of current and former representatives in the audience and provided context on the history leading to the audit. He highlighted the work of the subcommittee chaired by Representative Mlan in 2022, which led to the judiciary committee requesting the audit. He praised the detailed work of the Legislative Budget Assistance Office and expressed the importance of the commission within state government. He inquired about the next steps following the audit report and whether the commission had any suggestions or understanding of what should happen next.
Unclear: Unnamed Speaker Information Only00:26:16.480 - 12:55:07 PM; The speaker expressed agreement with the audit findings and appreciated the work done by Representative Smith. They mentioned that looking back would not be fruitful and highlighted the progress made on the audit points despite disruptions at the leadership level of the commission. They noted that a lot of work was done in the fall, thanks to Katrina and the remaining team members, despite being down to five commissioners from a usual seven.
Unclear: Katrina Information Only00:27:28.320 - 12:56:19 PM; Katrina thanked the committee for the opportunity to speak and acknowledged Representative Smith's contributions. She detailed the work accomplished since the audit began, including the completion of biannual reports and the development of a case management program expected to go live in June. She also mentioned ongoing discussions with the EEOC and legal counsel to ensure compliance and address objectives with adequate resources.
Unclear: Unnamed Speaker Information Only00:30:00.399 - 12:58:51 PM; The speaker responded to a question about the 2019 financial audit, stating they could not speak to it as they did not have access to the required information at that time. They emphasized their eagerness to learn and fix problems since becoming the acting assistant director.
Unclear: Representative Burch Information Only00:30:38.000 - 12:59:29 PM; Representative Burch expressed no interest in looking back and focused on the timelines mentioned in the audit report. He questioned the lengthy timelines for implementing changes like encrypted mail and case data accumulation, suggesting they might be too long and asked if there was a way to accelerate these processes.
Unclear: Unnamed Speaker Information Only00:32:11.399 - 1:01:02 PM; The speaker provided context by comparing the staffing of the New Hampshire Human Rights Commission to those of Rhode Island and Maine, noting that New Hampshire is understaffed. They mentioned the high turnover and the impact of unfilled positions on their work, including the need for waivers to fill vacancies. They emphasized the need for more staff to meet the audit's recommendations and improve service delivery.
Unclear: Representative Perez Information Only00:39:36.000 - 1:08:27 PM; Representative Perez expressed shock and frustration at the lack of progress on the 2019 audit recommendations, emphasizing the impact on the people the commission is supposed to serve. They questioned why goals were not met from 2019 until the recent audit and criticized the use of staffing issues as an excuse, drawing from their experience in the private sector and healthcare.
Unclear: Representative Manos Information Only00:40:15.280 - 1:09:06 PM; Representative Manos expressed concerns about the status of updating administrative rules and the backlog of cases at the commission. He questioned whether the focus on audit recommendations would exacerbate the backlog, noting that some cases date back to 1984, though clarified that the oldest case in the backlog was from January 2022, not 1984.
Unclear: Commission Representative Information Only00:41:41.960 - 1:10:32 PM; The commission representative clarified that the 1984 reference was about the backlog's history, not current cases. They discussed the current status of administrative rules, which were being submitted to JCAR by the assistant director before her departure. The representative also addressed the case backlog, explaining that cases are reassigned when investigators leave, and new cases are added to the end of the queue. They noted that full staffing could reduce the time to assign an investigator from 18 months to 11 months.
Unclear: Representative Couta Information Only00:43:23.760 - 1:12:14 PM; Representative Couta sought clarification on the current backlog, asking for the number of cases and their distribution by year. The commission representative responded that the oldest case waiting for an investigator was from September 2023, with about 390 cases pending. They also mentioned that the oldest case with an investigator was from October 2022.
Unclear: Representative Tur Information Only00:44:40.160 - 1:13:31 PM; Representative Tur inquired about the process for revisiting audit findings, asking if performance audits are routine or need to be requested. The commission representative explained that performance audits are directed by the Legislative Performance Audit and Oversight Committee and are not routine but can be requested at any time.
Unclear: Representative Smith Information Only00:45:37.480 - 1:14:28 PM; Representative Smith discussed the process of requesting performance audits, noting that the judiciary committee had requested the current audit. They emphasized the importance of legislative oversight and the limited capacity of the Legislative Budget Assistant (LBA) to handle all requests.
Unclear: Representative Trip Information Only00:48:13.680 - 1:17:04 PM; Representative Trip asked about the process for achieving audit recommendations, to which the commission representative responded that they have a roadmap and have begun implementing the recommendations, with timelines provided in their responses.
Unclear: Representative Han Information Only00:49:21.040 - 1:18:12 PM; Representative Han inquired about the prioritization of audit recommendations and how progress is reported. The commission representative mentioned an executive order requiring audited agencies to report to Transparent New Hampshire on their progress.
Unclear: Representative War Information Only00:51:34.880 - 1:20:25 PM; Representative War asked about the duration of disputes before complaints are filed with the commission. The commission representative explained that complainants have 180 days from the last date of discrimination to file a complaint.
Unclear: Representative Andrew Information Only00:52:58.400 - 1:21:49 PM; Representative Andrew expressed concern about the commission's ability to fill investigator positions to process cases faster. The commission representative was confident in filling positions and noted that full staffing could reduce case processing time to about 11 months.
Unclear: Representative Tur Information Only00:54:13.440 - 1:23:04 PM; Representative Tur asked about benchmarks for case processing times. The commission representative expressed a desire to assign cases immediately upon filing but noted the backlog's impact. They also mentioned a statutory two-year benchmark for case completion, which was under review by the Supreme Court.
Unclear: Representative Burch Information Only00:56:44.160 - 1:25:35 PM; Representative Burch raised a procedural question about the involvement of the Attorney General's office in discrimination issues. The chair confirmed that the Attorney General's office would be presenting.
Unclear: Representative Morton Information Only00:58:03.280 - 1:26:54 PM; Representative Morton asked about the frequency and scope of audits conducted by the LBA. The LBA representative explained that the number of audits depends on their scope and staff availability, with the current audit having a medium-sized scope.
Unclear: Representative Bergman Information Only00:58:54.000 - 1:27:45 PM; Representative Bergman inquired about protected classes in discrimination cases, to which the commission representative listed categories such as age, disability, religion, national origin, and sex.
Unclear: Representative More Information Only01:01:02.799 - 1:29:53 PM; Representative More noted that most cases involve employment and disability, asking if cases could be filed with the commission after going through unemployment or workers' compensation. The commission representative confirmed that separate complaints could be filed within the 6-month period.
Unclear: Representative Burgger Information Only01:02:10.880 - 1:31:01 PM; Representative Burgger asked about confidential information in internal trainings, to which the commission representative confirmed that all such information had been removed and replaced with hypotheticals.
Unclear: Representative Perez Information Only01:03:28.720 - 1:32:19 PM; Representative Perez expressed frustration with the commission's long-standing issues and the perception of the Human Rights Commission in the legal community. They emphasized the need for significant changes to maintain the commission's relevance and effectiveness.
Unclear: Commission Representative Information Only01:05:46.480 - 1:34:37 PM; The commission representative responded to Representative Perez's concerns, noting that claimants rarely hire lawyers and that the commission is committed to its mission despite needing improvements. They mentioned efforts to address issues, including a recommendation to make the executive director position term-limited.
Unclear: Representative Couta Information Only01:08:03.760 - 1:36:54 PM; Representative Couta sought clarification on the oldest pending cases, to which the commission representative confirmed that the oldest cases were from 2019 and were being moved forward with legal counsel's help.
Unclear: Representative Tur Information Only01:10:03.120 - 1:38:54 PM; Representative Tur asked about authorized positions and hiring freezes, to which the commission representative explained the current positions and waivers requested to fill them, expressing confidence in attracting candidates.
Unclear: Representative Bertrand Information Only01:11:39.600 - 1:40:30 PM; Representative Bertrand inquired about an IT plan, to which the commission representative mentioned working with the Department of Justice for guidance on IT improvements.
Unclear: Representative Han Information Only01:12:46.280 - 1:41:37 PM; Representative Han asked about recent changes to RSA 354A and their inclusion in the audit. The commission representative confirmed that the changes were outside the audit's scope, which ended in fiscal year 2023.
Unclear: Samantha Hearing, Attorney at Shaheen Gordon Information Only01:14:34.239 - 1:43:25 PM; Samantha Hearing, an attorney, supported the audit's recommendations and emphasized the importance of the Human Rights Commission for low-income individuals. She discussed the need for investigators to understand the law and the simplicity of the probable cause standard, suggesting that the term 'probable cause' might be misleading and should be reconsidered in the statute.
Unclear: Samantha Hearing, Attorney at Shaheen Gordon Information Only01:14:34.239 - 1:43:25 PM; Samantha Hearing discussed the process at the Human Rights Commission (HRC), emphasizing the thoroughness of the initial investigation phase before cases reach the commissioner. She highlighted that the investigation phase is akin to discovery in court, where the investigator gathers information and makes a recommendation on probable cause. She stressed the importance of having a lawyer at the HRC to ensure compliance with legal standards and to streamline operations. She also proposed a quarterly approach to manage the timeline of cases, suggesting that the process could be completed within a year. She expressed concerns about the potential elimination of the HRC, arguing that it serves as a crucial screening tool to prevent frivolous claims from reaching the courts.
Unclear: Sean Lockach, Senior Assistant Attorney General Information Only01:37:42.560 - 2:06:33 PM; Sean Lockach, representing the Attorney General's Office, provided technical guidance on the HRC's operations. He emphasized the importance of due process for both complainants and respondents and discussed the challenges in managing the backlog of cases. He noted that the HRC's staffing has increased over time, which should help in reducing the backlog. He suggested that a full-time lawyer at the HRC would be beneficial and discussed the potential for converting an existing position into a general counsel role. He also addressed the issue of appeals and the impact on case timelines, suggesting that some changes to the process could streamline operations while maintaining the HRC's core functions. He responded to questions about the role of the Attorney General's Office in relation to the HRC, clarifying that they provide legal counsel and administrative support but do not manage the agency.
Unclear: Unknown Speaker Information Only02:05:11.280 - 2:34:02 PM; The speaker expressed satisfaction with the performance audit conducted on the Human Rights Commission, highlighting its role in identifying problems and providing a roadmap for addressing concerns. They emphasized the importance of the commission for those with limited means to navigate the superior court, advocating for its continued support and effective functioning. They also discussed the issue of case removal by respondents, suggesting a review of this process if the commission operates efficiently.
Unclear: Representative Mark Milan from Manchester Information Only02:07:19.840 - 2:36:10 PM; Representative Milan responded to a question, expressing a lack of prior knowledge about certain procedural options. He suggested waiting until the next year to act on the commission, citing the need for more data on its development and functioning. He also proposed considering a change in the statute to prevent appeals on no probable cause findings but allow court action, and to limit respondent removal rights unless the commission's process exceeds a certain duration, like two years.
Unclear: Unknown Speaker Information Only02:10:27.400 - 2:39:18 PM; The speaker discussed the current statutory limits regarding case removal by plaintiffs and respondents from the Human Rights Commission. They noted that a plaintiff can remove a case after 180 days and up to three years after the act of discrimination, while a respondent can remove upon a finding of probable cause. They also touched on the complexity of these rules and the importance of simplifying them, and emphasized the need for the commission to expedite its processes.
Unclear: Unknown Speaker Information Only02:11:39.199 - 2:40:30 PM; The speaker suggested that the chair should reinforce the importance of the Human Rights Commission to another division. They also discussed the legislative process's impact on justice and suggested that the commission could internally review its application of the probable cause standard without needing legislative action, which could help streamline its operations.
Unclear: Unknown Speaker Information Only02:12:45.840 - 2:41:36 PM; The speaker agreed with the suggestion that the Human Rights Commission should reconsider its interpretation of the probable cause standard to improve efficiency. They emphasized that the commission's role is to find probable cause, not to determine guilt, and appreciated the comprehensive audit and the input from all participants.

Lynn, Bob(Chairman)(R)[A]2024	Peternel, Katy(Clerk)(R)[A]2024	Mannion, Dennis(V Chairman)(R)[A-]2024
Smith, Marjorie(D)[CT]2024	Bergeron, Dan(D)	Horrigan, Timothy(D)[CT]2024
Berch, Paul(D)[INC]2022	Turer, Eric(D)[CT]2024	Tripp, Richard(R)[B+]2024
Andrus, Louise(R)[B+]2024	Manos, Zoe(D)[CT]2024	Perez, Kristine(R)[A]2024
Kuttab, Katelyn(R)[A-]2024	Alexander, Joe(R)[A]2024	McFarlane, Donald(R)
Rombeau, Catherine(D)[CT]2024	Paige, Mark(D)[CT]2024	Morton, Jonathan(R)