Committee Summary for Senate Commerce (04/01/2025)

Bill/Time	Type	Title	Sponsor
HB98 00:00:47.399 - 8:30:58 AM	Public Hearing	relative to professional limited liability company (PLLC) assistant manager status.	Turer, Eric(D)[CT]2024
HB307 00:09:39.120 - 8:39:50 AM	Public Hearing	relative to the food production area for homestead food.	Bixby, Peter(D)[CT]2024
HB649 00:36:12.160 - 9:06:23 AM	Public Hearing	removing the requirement for physical safety inspections and on-board diagnostic tests for passenger vehicles and eliminating funding for the motor vehicle air pollution abatement fund.	Granger, Michael(R)[A+]2024

HB98: Representative Eric Turer, Brentwood Support00:00:47.399 - 8:30:58 AM; Representative Turer presented House Bill 98, which is identical to a bill from the previous year, House Bill 1082. The bill addresses a constituent's need related to professional limited liability companies (PLLCs), specifically for solo practitioners. It aims to allow an assistant manager to take corporate actions for one year if the solo professional member becomes incapacitated, dies, or is disqualified. This provision would help maintain the business's value and allow time to hire a new professional or restructure the company. The bill passed unanimously in the judiciary committee and on the House floor last year but went to interim study due to a request from the bar association, which did not subsequently raise any concerns. The bill was slightly amended to clarify that the assistant manager cannot provide professional services.
HB307: Representative Peter Bixby, Dover Support00:09:39.120 - 8:39:50 AM; Representative Bixby presented House Bill 307, which allows for an alternative food production area within a home for homestead food production. The bill responds to a constituent's concern about producing food in areas other than the kitchen, which can be more suitable depending on home layout and the need to control access and maintain sanitation. The bill specifies necessary sanitary equipment and conditions for the alternative area, such as a handwashing sink, cleanable surfaces, and exclusion of pets. The bill was amended with input from the Department of Health and Human Services to ensure the language meets required standards.
HB307: Representative Judy Aaron, Sullivan County District 4 (towns of Acworth, Goshen, Lempster, Washington) Support00:16:53.360 - 8:47:04 AM; Representative Judy Aaron, who chairs the Environment and Agriculture Committee in the House, spoke in support of HB307. She explained that the bill, along with others, originated from a study committee aimed at revising homestead food statutes. The committee unanimously supported this bill, which seeks to allow food production in areas other than the kitchen, such as outbuildings, to provide a more suitable environment for food production away from household distractions.
HB307: Michelle Roers, Bureau Chief for Public Health Protection, Department of Health and Human Services Information Only00:19:19.760 - 8:49:30 AM; Michelle Roers introduced herself as the Bureau Chief for Public Health Protection within the Department of Health and Human Services. She stated that the department is neutral on HB307 but was willing to share talking points. She then introduced her colleague, Erica Davis, to provide further testimony.
HB307: Erica Davis, Administrator for the Food Protection Section, Department of Health and Human Services Information Only00:20:19.600 - 8:50:30 AM; Erica Davis discussed the implications of HB307, which would allow food production outside of the homestead operator's residential kitchen. Initially, there were concerns about moving food production outside the kitchen due to undefined sanitary requirements. However, they worked with the bill's sponsors to include these requirements in the amended bill. She also addressed a question about when a homestead operation would transition to a commercial processor, indicating that this happens when production moves outside the residential kitchen.
HB307: Unnamed Speaker Support00:25:01.120 - 8:55:12 AM; The speaker supports HB307, which is intended to address the needs of three types of food producers: those expanding their businesses and needing more space before moving to commercial facilities, those producing intricate cakes and cookies requiring specialized space, and those operating in very small kitchens. The speaker shares a personal example of needing to use their dining room to cool bread due to limited kitchen space. They also discuss the challenges faced by those doing detailed work with royal icing and fondant in a family kitchen, and the difficulties for producers in tiny apartments who need to expand their production space. The speaker addresses safety provisions in the bill, explaining that home-based food production is treated similarly to groceries for tax purposes, and that licensing is required if producing TCS foods that need refrigeration. The bill restricts production to within the primary residence and not in outbuildings, and the speaker clarifies that food safety regulations for home-based producers are largely defined through rules rather than statutes.
HB649: Representative Granger, Straford 2, Rochester Ward 5, Milton, Milton Mills Support00:36:12.160 - 9:06:23 AM; Representative Granger supports HB649, which aims to eliminate mandatory vehicle inspections while keeping safety laws intact. They mention the strong support for the bill and their openness to minor changes that do not undermine the bill's central purpose. Granger expresses opposition to study committees or changing the inspection to biannual but is willing to work on other language adjustments.
HB649: Tom Manion, Hillsboro 1, Pelham Support00:38:21.160 - 9:08:32 AM; Tom Manion supports HB649, citing his analysis of vehicle fatalities, insurance rates, DUI rates, and snowfall across the U.S. He found no correlation between mandatory safety inspections and fatality rates, and noted that states without inspections, like Montana and Alaska, do not have higher fatality rates due to lack of inspections. Manion also discusses a Government Accountability Office study showing that only 2-7% of accidents are caused by component failure, suggesting that inspections do not significantly improve safety or affect insurance rates. He addresses a question about mandated auto insurance, stating that New Hampshire's competitive rates are due to not mandating insurance, and shares an anecdote about being overcharged for unnecessary repairs during an inspection.
HB649: Sam Farington, Rochester Ward 4 Support00:43:00.040 - 9:13:11 AM; Sam Farington supports ending what he calls the 'sticker scam,' arguing that inspection shops scam vulnerable customers and that the government's requirement for mandatory inspections is ineffective. He references a study by Alex Fogland and Trevor Woolly on New Jersey's repeal of mandatory inspections, which found no causal relationship between inspections and safety, leading to significant taxpayer savings. Farington criticizes the influence of the auto lobby in New Hampshire and calls for the state to lead by example in eliminating unnecessary regulations.
HB649: Representative Steven Smith, Sullivan County District 3, Charlestown, Newport, Unity Support00:45:41.520 - 9:15:52 AM; Representative Steven Smith supports HB649, focusing on the issues with the OBD (On-Board Diagnostics) portion of vehicle inspections. He argues that the OBD system leads to unnecessary repairs and vehicle failures, citing examples like a Jeep Liberty failing due to a clutch code despite having an automatic transmission, and a Volvo XC70 failing due to a catalytic converter issue. Smith criticizes the system for forcing low or moderate-income individuals into difficult financial decisions and calls for an end to what he sees as an ineffective and burdensome system.
HB649: Brandon Grod, Senior Assistant Attorney General, New Hampshire Department of Justice Information Only00:49:54.240 - 9:20:05 AM; Brandon Grod, representing the New Hampshire Department of Justice, addressed the committee regarding the enforcement of New Hampshire's unsafe motor vehicle statute as impacted by HB649. He neither supported nor opposed the central policy of the bill regarding annual inspections but highlighted significant concerns about the proposed changes to the state's laws on selling unsafe used motor vehicles. He explained that the current system requires dealers to inform consumers about buying an unsafe vehicle through a specific form, which is crucial for the Attorney General's office to investigate consumer complaints effectively. The proposed changes in HB649 shift this responsibility to the consumer, which could hinder investigations and consumer protection. Grod suggested that the responsibility should remain with the seller to notify consumers of an unsafe vehicle.
HB649: Maurice Nalt, Manchester, representing Twisted Cycles, Hooksett Support00:58:06.960 - 9:28:17 AM; Maurice Nalt, from Manchester and representing Twisted Cycles in Hooksett, expressed strong support for maintaining annual safety inspections. He argued that these inspections are crucial for saving lives, noting that many customers are unaware of critical vehicle safety issues, such as tire and brake conditions. Nalt emphasized the potential tragedy of accidents that could be prevented with a simple safety check, using a hypothetical scenario of a fatal accident that could have been avoided.
HB649: Tim Winkler, Falmouth, Maine, President and CEO of VIP Tires and Service Support01:00:23.280 - 9:30:34 AM; Tim Winkler, from Falmouth, Maine, and representing VIP Tires and Service, supported the continuation of annual safety inspections. He cited a Carnegie Mellon University study showing a reduction in roadway fatalities in states with such programs. Winkler highlighted the increasing age of vehicles on the road and the importance of inspections in maintaining older vehicles safely. He also mentioned the advanced safety systems in newer vehicles and argued that now is not the time to eliminate inspections, though he suggested they could be revised to focus on critical safety components.
HB649: Tim Winkler, Falmouth, Maine, President and CEO of VIP Tires and Service Information Only01:00:23.280 - 9:30:34 AM; Tim Winkler, finishing his testimony, discussed the impact of eliminating vehicle inspections on his business. He mentioned that VIP Tires and Service sells brakes and tires to customers both during inspections and for other services, but he could not predict how eliminating inspections would affect sales. He emphasized the safety concerns related to deferring brake and tire replacements.
HB649: Unknown Speaker Oppose01:02:22.079 - 9:32:33 AM; The speaker argued that the term 'component failure' is too narrow and that vehicle inspections should consider broader aspects like brakes and tire depth. They expressed concern about the state police's role in ensuring vehicle safety and questioned the impact of eliminating inspections on the sales of brakes and tires.
HB649: Representative Margaret Dry, Plainfield, Sullivan County District 7 (Plainfield, Cornish, Newport, Unity, and Charlestown) Oppose01:04:07.920 - 9:34:18 AM; Representative Margaret Dry opposed the bill, highlighting the legal liability concerns for repair shops and mechanics. She used the example of ski shops refusing to service skis with unsafe bindings to illustrate potential liabilities. As an EMT, she emphasized the importance of inspections in ensuring vehicle safety, particularly in preventing accidents due to bad brakes and tires.
HB649: Jim Bailey, small business owner in Merrimack, New Hampshire, connected to the towing association Oppose01:07:37.280 - 9:37:48 AM; Jim Bailey, a towing business owner, opposed the bill, sharing experiences of accidents caused by mechanical failures like bald tires and steering component issues. He stressed the safety risks, particularly for children in car seats, and the dangers of uninspected vehicles on the road.
HB649: Devin, owner of a repair shop in Dover, New Hampshire, and licensed inspector representing the towing association Oppose01:10:38.239 - 9:40:49 AM; Devin, a repair shop owner and licensed inspector, opposed the bill, citing a case where a vehicle had only half its brakes installed, highlighting the potential safety hazards. He expressed frustration over accidents involving unsafe vehicles and the risks to tow operators working near such vehicles.
HB649: Paul Wolf, former auto mechanic and certified Massachusetts DMV inspector Support01:13:21.760 - 9:43:32 AM; Paul Wolf supported the bill, citing a House approval and a Union Leader poll favoring the bill. He argued that there is no data linking inspections to reduced accidents or fatalities and highlighted the conflict of interest in the current inspection system. He suggested that fines and existing road patrols could address safety concerns without inspections.
HB649: Mark Robinson, VIP Tire and Service, lifelong New Hampshire resident and former independent shop inspector Oppose01:18:32.000 - 9:48:43 AM; Mark Robinson opposed the bill, emphasizing the importance of inspections for consumer education and safety. He suggested that while the inspection process could be simplified, it remains necessary. He also discussed the transparency practices at VIP and the need for best practices in inspections.
HB649: Representative Voluone Oppose01:22:00.000 - 9:52:11 AM; Representative Voluone opposed the bill, focusing on the impact of vehicle emissions on asthma rates in New Hampshire. He argued that inspections help monitor air quality, which is crucial for public health, especially given the high medical costs associated with asthma in the state.
HB649: Representative Juliet Harvey Bully, Belknap County District 3 Support01:23:01.360 - 9:53:12 AM; Representative Juliet Harvey Bully, a co-sponsor of the bill, shared a personal anecdote about her 2010 Volvo which has been in a repair shop in Belmont since November of the previous year. Despite replacing the engine and catalytic converter, the car still failed emissions tests. She highlighted the financial burden and the environmental impact of keeping old vehicles, arguing that the bill would help in such situations by allowing for a failed inspection sticker to be placed on vehicles that are otherwise safe but fail emissions tests.
HB649: David Seagull, Bow, New Hampshire, Sinnel Napa Oppose01:25:19.520 - 9:55:30 AM; David Seagull, representing Sinnel Napa, a 105-year-old company with 500 team members and 47 locations, urged the committee to oppose HB649. He emphasized the importance of vehicle safety inspections, citing his company's large customer base and fleet of over 200 vehicles. Seagull argued that inspections are crucial for safety, especially given the high mileage and wear on their fleet vehicles, and that repealing inspections would compromise road safety.
HB649: Matt Matuchi, New Hampshire State Police Oppose01:30:53.360 - 10:01:04 AM; Matt Matuchi, representing the New Hampshire State Police, opposed HB649, stating that it would shift the responsibility of identifying unsafe vehicles entirely onto law enforcement, which is already understaffed. He argued that inspections serve as a proactive safeguard and that repealing them would require additional training for all law enforcement officers and increase their workload. Matuchi also highlighted the potential safety risks and the impact on law enforcement's ability to maintain roadway safety.
HB649: Tom Conland, New Hampshire State Police Oppose01:36:48.080 - 10:06:59 AM; Tom Conland, also from the New Hampshire State Police, opposed HB649, focusing on the impact on school bus safety inspections. He explained that the bill would affect the 1300 rules dealing with school bus transportation, which require semiannual inspections for buses over 10,000 lbs and annual inspections for those under. Conland noted that the current system relies on certified inspection stations and mechanics, and that repealing the bill would increase the burden on the state police, particularly Troop G, which is already understaffed.
HB649: Bob Scott, Commissioner, Department of Environmental Services, New Hampshire Oppose01:45:18.159 - 10:15:29 AM; Commissioner Bob Scott from the Department of Environmental Services spoke in opposition to HB649, focusing on the emissions program aspect of the bill. He highlighted the necessity of the program under the Clean Air Act and the potential risks to federal highway funding if the state does not comply with the Act's requirements. Scott mentioned the need for a process to work with the Environmental Protection Agency (EPA) to change the program's requirements and the potential for civil lawsuits if the state does not follow the Clean Air Act. He also discussed the anti-backsliding provisions, which would require offsetting any emissions reductions lost from the vehicle program with reductions from stationary sources, such as businesses in New Hampshire.
HB649: Mike Fitzgerald, Assistant Director, Air Resources Division, Department of Environmental Services, New Hampshire Information Only01:46:21.520 - 10:16:32 AM; Mike Fitzgerald, accompanying Commissioner Scott, provided additional information on the emissions program. He clarified the EPA's 18-month sanctions clock process and mentioned a past instance in 1998 when New Hampshire faced a similar situation, leading to the current compromise program. Fitzgerald also responded to questions about the potential loss of federal funding and the implications of civil lawsuits if the state does not comply with the Clean Air Act.
HB649: Senator McHugh Information Only01:47:29.360 - 10:17:40 AM; Senator McHugh asked Commissioner Scott if any state had lost federal funding after repealing similar inspection laws. Scott responded that he was not aware of any state not following federal requirements, thus not losing funding.
HB649: Senator Waters Information Only01:48:33.360 - 10:18:44 AM; Senator Waters inquired about the fiscal impact of the bill on the air pollution abatement fund, specifically the $262,000 hit mentioned in the fiscal note. Commissioner Scott explained the importance of the mobile sources sector in air pollution control and the potential need to offset emissions reductions if the program changes.
HB649: Mike Fitzgerald, Assistant Director, Air Resources Division, Department of Environmental Services, New Hampshire Information Only01:49:42.320 - 10:19:53 AM; Mike Fitzgerald further elaborated on the transportation sector's role in emissions and the challenges in controlling it. He mentioned programs like the Volkswagen funding and Diesel Emission Reduction Act funding, which support emissions reduction efforts through grants to cities and municipalities.
HB649: Commissioner Bob Scott, Department of Environmental Services, New Hampshire Information Only01:50:42.960 - 10:20:53 AM; Commissioner Scott responded to a question about the potential for civil lawsuits if the state does not comply with the Clean Air Act, affirming the likelihood of such lawsuits and the potential for the state to lose in court if it does not follow the required process.
HB649: Senator Murphy Information Only01:51:49.840 - 10:22:00 AM; Senator Murphy discussed the variation in emissions testing requirements across states, noting that New Hampshire has one of the most burdensome requirements. Commissioner Scott explained the historical context of New Hampshire's program, which was a compromise reached with the EPA in 1998 to avoid more stringent tailpipe testing.
HB649: Mike Fitzgerald, Assistant Director, Air Resources Division, Department of Environmental Services, New Hampshire Information Only01:52:56.000 - 10:23:07 AM; Mike Fitzgerald provided further details on the state's negotiations with the EPA and the potential for revising the state implementation plan to adjust the emissions testing requirements, noting the process could take 12 to 18 months.
HB649: Senator McHugh Information Only01:53:56.159 - 10:24:07 AM; Senator McHugh asked about successful lawsuits related to EPA emissions requirements. Mike Fitzgerald responded that most states and the EPA have resolved their differences, but the current EPA's enforcement stance could lead to citizen suits.
HB649: Representative Henry G. Gass III Oppose01:55:49.670 - 10:26:00 AM; Representative Henry G. Gass III spoke in opposition to HB649, arguing that much of the opposition testimony was financially motivated. He explained that law enforcement's role would not change under the bill and criticized the state's emissions testing, which he described as an OBD scan rather than actual emissions testing. Gass highlighted the lack of legislative control over the program and suggested that the entire program should be reevaluated and rewritten if necessary.
HB649: Amanda Graponi Osmer, Owner, Corpone Automotive, Bow and Concord, New Hampshire Oppose01:59:29.679 - 10:29:40 AM; Amanda Graponi Osmer, owner of Corpone Automotive with inspection stations in Bow and Concord, New Hampshire, spoke in opposition to HB649. She emphasized her company's experience with state inspections, having performed nearly 27,000 inspections the previous year. Osmer argued that while some safety-related items should be kept, other aspects of the inspection process are unnecessary and burdensome.
HB649: Aaron Canara, Technician, 16 years, ASC certified, Inspection License Oppose02:00:54.880 - 10:31:05 AM; Aaron Canara, a seasoned technician, expressed opposition to the bill, stating that calling safety inspections a scam is insulting to the industry. He emphasized that inspections are crucial for informing vehicle owners about safety issues, such as low brake pads or tire wear, which can prevent accidents and injuries. Canara shared a personal experience of being injured by an uninspected vehicle, arguing that eliminating safety inspections could lead to increased accidents and fatalities in the state.
HB649: Amanda Graponi Osmer, Owner, Corpone Automotive, Bow and Concord, New Hampshire Oppose02:02:00.560 - 10:32:11 AM; Amanda Graponi Osmer continued her testimony, highlighting the importance of safety inspections for used car sales. She noted that most customers lack the knowledge to assess a vehicle's safety and stressed the necessity of inspections to protect consumers from purchasing unsafe vehicles. Osmer also discussed the process and training required to obtain an inspection certification, underscoring the professionalism and rigor involved.
HB649: Sheriff Chuck Massa, High Sheriff of Rockingham County, Owner of Automotive Repair in Londonderry, New Hampshire Oppose02:07:38.800 - 10:37:49 AM; Sheriff Chuck Massa, who also owns an automotive repair business, strongly opposed the bill, stating that inspections save lives. He provided an example of a customer whose truck was unsafe and would have been on the road without inspections. Massa argued that it's impractical and dangerous for state police or sheriffs to perform roadside inspections and suggested that while emissions testing could be reconsidered, safety inspections are vital.
HB649: Tracy Borvage, President of New Hampshire Motorcycle Rights Organization, Chair of New Hampshire Motorcycle Safety Task Force, Member of New Hampshire Traffic and Safety Commission Oppose02:12:03.079 - 10:42:14 AM; Tracy Borvage emphasized the importance of inspections for motorcyclists, particularly for tire and brake safety. She argued that personal responsibility cannot be relied upon to ensure vehicle safety, given the aggressive driving behaviors observed. Borvage highlighted the role of inspections in enforcing noise regulations for motorcycles and stressed that most motorcyclists lack the mechanical knowledge to maintain their vehicles properly.
HB649: Dan Weed, Weed Family Auto Oppose02:15:15.079 - 10:45:26 AM; Dan Weed opposed the bill, citing the low number of complaints relative to the high volume of inspections conducted. He clarified misunderstandings about check engine lights and emphasized the financial implications of eliminating inspections, including potential losses in state revenue and job losses. Weed argued that annual inspections are beneficial for safety and accountability, as evidenced by neighboring states.
HB649: John Morasco, Director of the Division of Motor Vehicles, New Hampshire Department of Motor Vehicles Oppose02:18:32.040 - 10:48:43 AM; John Morasco, representing the New Hampshire Department of Safety, opposed the bill, focusing on public safety. He reported that over 173,000 vehicles failed safety inspections in 2024, highlighting the importance of identifying safety issues. Morasco discussed the low number of complaints and the state's proactive audits of inspection stations. He also praised the industry's use of technology for transparency and collaboration in improving the inspection process.
HB649: Jason Lacroix, Autofair, Manchester, New Hampshire Oppose02:28:25.840 - 10:58:36 AM; Jason Lacroix opposed the bill, emphasizing the safety benefits of inspections. He debunked myths about low failure rates and greed among dealers, arguing that inspections lead to necessary repairs and safer roads. Lacroix provided examples of unsafe vehicle conditions that inspections help prevent, such as bald tires and worn brakes, and stressed the importance of maintaining safe vehicles for all road users.
HB649: Dan Bennett, President of the New Hampshire Auto Dealers Association Oppose02:34:26.240 - 11:04:37 AM; Dan Bennett opposed the bill, stating that inspections benefit consumers, support law enforcement, and enhance road safety. He highlighted the unique weather conditions in New England that necessitate inspections and noted that they help identify warranty-covered issues and safety recalls. Bennett cited studies showing lower fatality rates in states with inspections and discussed the significant safety issues identified by inspections, such as brakes, steering, and tires.
HB649: Alex Utrubis, Associated General Contractors of New Hampshire Oppose02:40:40.439 - 11:10:51 AM; Alex Utrubis, representing the Associated General Contractors of New Hampshire, spoke in opposition to HB649. He highlighted that their association represents building, highway, and bridge contractors and is concerned about the potential decrease in funding for the highway fund if the bill is adopted. He referenced Texas, which repealed its inspection program but retained the fee to mitigate revenue loss. Utrubis also mentioned that recent highway projects funded through the highway fund are under $3 million, emphasizing that every dollar counts in the current budget environment. He expressed concerns about the House's budget reductions and the impact on various sectors, including the University System of New Hampshire, Medicaid, and the Department of Corrections. He urged the committee not to reduce state revenue without a replacement source, stressing the importance of the $3 million in the context of the highway fund's budget.

Innis, Daniel(Chairman)(R)[C+]2024	Ricciardi, Denise(V Chairman)(R)[C-]2024	Murphy, Keith(R)[B+]2024
Fenton, Donovan(D)[F]2024	McGough, Tim(R)	Reardon, Tara(D)